CROWN SUITS ACT 1947 - SECT 8

CROWN SUITS ACT 1947 - SECT 8

8 .         Joinder of Crown in proceedings between subject and subject

        (1)         When in any action, cause or proceeding between litigants in any civil court in Western Australia in which the Crown is not a party it appears to the court that the constitutional rights of the Crown may be directly or indirectly affected, or any question arises as to the constitutional validity of any Act of Parliament of the State, the Crown may obtain leave by its Attorney General to intervene, or the court may order that the Crown be joined as a party.

        (2)         Where any such question arises in any civil court, except the Supreme Court, the Supreme Court or a judge thereof may, on the application of a party or of the Attorney General, remove the proceedings into the Supreme Court for trial and determination.

        (3)         Every such intervention or joinder or removal shall be on such terms and conditions as the court shall deem just.

        (4)         In this section Act of Parliament includes an ordinance passed before the grant of responsible government to the State.