MAINTENANCE, CHAMPERTY AND BARRATRY ABOLITION ACT 1993
 
 
- As at 1 April 1997
 
- Act 88 of 1993
 
 
 
 
 

TABLE OF PROVISIONS
 


TABLE OF PROVISIONS

1. Name of Act

2. Commencement

3. Abolition of crime of maintenance (including champerty)

4. Abolition of liability in tort for maintenance (including champerty)

4A. Abolition of crime of being a common barrator (barratry)

5. Transitional provision

6. Preservation of liability under certain contracts



 

MAINTENANCE, CHAMPERTY AND BARRATRY ABOLITION ACT 1993
- LONG TITLE
 
 
An Act to abolish the common law crimes of maintenance, champerty and barratry;
to exclude liability in tort for the common law crimes of maintenance and
champerty; and for other purposes.
 

MAINTENANCE, CHAMPERTY AND BARRATRY ABOLITION ACT 1993
- SECT 1
Name of Act
 
 
1 Name of Act
This Act may be cited as the Maintenance, Champerty and Barratry Abolition Act
1993.
 

MAINTENANCE, CHAMPERTY AND BARRATRY ABOLITION ACT 1993
- SECT 2
Commencement
 
 
2 Commencement
This Act commences on a day to be appointed by proclamation.
 

MAINTENANCE, CHAMPERTY AND BARRATRY ABOLITION ACT 1993
- SECT 3
Abolition of crime of maintenance (including champerty)
 
 
3 Abolition of crime of maintenance (including champerty)
The offence of maintenance (including champerty) that but for this section
would be punishable by the common law is abolished.
 

MAINTENANCE, CHAMPERTY AND BARRATRY ABOLITION ACT 1993
- SECT 4
Abolition of liability in tort for maintenance (including champerty)
 
 
4 Abolition of liability in tort for maintenance (including champerty)
An action in tort no longer lies on account of conduct known as maintenance
(including champerty).
 

MAINTENANCE, CHAMPERTY AND BARRATRY ABOLITION ACT 1993
- SECT 4A
Abolition of crime of being a common barrator (barratry)
 
 
4A Abolition of crime of being a common barrator (barratry)
The offence of being a common barrator that but for this section would be
punishable by the common law is abolished.
 

MAINTENANCE, CHAMPERTY AND BARRATRY ABOLITION ACT 1993
- SECT 5
Transitional provision
 
 
5 Transitional provision
Section 30 of the Interpretation Act 1987 applies to the abolition of an
offence or an action in tort by this Act in the same way as it applies to the
repeal of a provision establishing an offence under an Act.
 

MAINTENANCE, CHAMPERTY AND BARRATRY ABOLITION ACT 1993
- SECT 6
Preservation of liability under certain contracts
 
 
6 Preservation of liability under certain contracts
This Act does not affect any rule of law as to the cases in which a contract is
to be treated as contrary to public policy or as otherwise illegal, whether the
contract was made before, or is made after, the commencement of this Act.
 

MAINTENANCE, CHAMPERTY AND BARRATRY ABOLITION ACT 1993
- NOTES
 


Maintenance and Champerty Abolition Act 1993




 

MAINTENANCE, CHAMPERTY AND BARRATRY ABOLITION ACT 1993
- NOTES
 

Historical notes
The following abbreviations are used in the Historical notes:

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Table of ActsMaintenance, Champerty and
Barratry Abolition Act 1993 No 88 (formerly Maintenance and Champerty Abolition
Act
1993). Assented to 29.11.1993. Date of commencement, 12.5.1995, sec 2 and GG No
57 of 12.5.1995, p 2334. This Act has been amended as follows:

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|    |     |Legal Profession Amendment Act 1996. Assented to 26.11.1996.  |
|1996|No 95|                                                              |
|    |     |Date of commencement of Sch 6, 1.4.1997, sec 2 and GG No 31 of|
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Table of amendments

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