South Australian Consolidated Acts

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CROWN PROCEEDINGS ACT 1992 - SECT 5

5—Proceedings by and against the Crown generally

        (1)         Subject to this Act and any other Act of the State, the Judiciary Act 1903 of the Commonwealth, and any relevant rules of court—

            (a)         proceedings may be brought and conducted by or against the Crown in the same way as proceedings between subjects; and

            (b)         the same substantive law is to be applied in such proceedings as in the case of proceedings between subjects.

        (2)         Subject to the regulations, proceedings may be brought by or against the Crown

            (a)         in the case of the State Crown—under the name "The State of South Australia";

            (b)         in any other case—under the name in which the Crown could sue or be sued in the courts of its own jurisdiction.



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