{"id":"crown-suits-act-1947","name":"Crown Suits Act 1947","slug":"crown-suits-act-1947","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30364,"registerId":"wa-crown-suits-act-1947-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crown Suits Act 1947","content":"![Crest]()Western Australia\n\nCrown Suits Act 1947\n\nWestern Australia\n\nCrown Suits Act 1947\n\nContents\n\n1. Short title 1\n\n3. Term used: Crown 1\n\n4. Application of this Act 1\n\n5. Crown to sue and be sued as subject 1\n\n7. Statutory rights preserved where already given 1\n\n8. Joinder of Crown in proceedings between subject and subject 2\n\n9. Same process available to Crown and subject 2\n\n10. Method of recovering judgment against Crown 3\n\n11. Writs of extent and *capias ad satisfaciendum* abolished 3\n\n12. Rules of Court 3\n\nNotes\n\nCompilation table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nCrown Suits Act 1947\n\nAn Act to repeal the *Crown Suits Act 1898* 2, and to make better provision for suits by and against the Crown and for other purposes relative thereto and to the constitutional powers of the Crown.\n\n##### 1. Short title\n\nThis Act may be cited as the *Crown Suits Act 1947* 1.\n\n[**2.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\n##### 3. Term used: Crown\n\nIn this Act, the term Crown means the Crown in right of the Government of Western Australia.\n\n##### 4. Application of this Act\n\nThis Act shall apply to any cause of action which accrues after the commencement of this Act 1.\n\n##### 5. Crown to sue and be sued as subject\n\n(1) Subject to this Act, the Crown may sue and be sued in any court or otherwise competent jurisdiction in the same manner as a subject.\n\n(2) Every proceeding shall be taken by or against the Crown under the title “the State of Western Australia”.\n\n[**6.** Deleted: No. 20 of 2005 s. 8(1).]\n\n##### 7. Statutory rights preserved where already given\n\nNothing in this Act shall affect —\n\n(a) the rights or liabilities of any corporate body or instrumentality of the Crown created by any Act of Parliament;\n\n(b) any right of action which is conferred on the subject by any Act of Parliament against any corporate body or instrumentality of the Crown or any official or person nominated as a defendant on behalf of the Crown;\n\n(c) any right or liability by law or custom established of Her Majesty’s Attorney General to sue or be sued on behalf of the Crown.\n\n##### 8. Joinder of Crown in proceedings between subject and subject\n\n(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.\n\n(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.\n\n(3) Every such intervention or joinder or removal shall be on such terms and conditions as the court shall deem just.\n\n(4) In this section Act of Parliament includes an ordinance passed before the grant of responsible government to the State.\n\n##### 9. Same process available to Crown and subject\n\nSubject to this Act, the same process shall be available both to the Crown and to the subject for the determination and enforcement of claims in Her Majesty’s civil courts.\n\n##### 10. Method of recovering judgment against Crown\n\n(1) No execution or other process in the nature of execution shall be issued out of any court against the Crown, but after any judgment has been given against the Crown the registrar of the Supreme Court shall give to the party in whose favour the judgment is given a certificate of such judgment in the prescribed form and sealed with the seal of the Supreme Court.\n\n(2) On the receipt of such certificate the Governor shall cause to be charged to the Consolidated Account the amount of such judgment and costs to the person entitled to recover the same.\n\n[Section 10 amended: No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]\n\n##### 11. Writs of extent and *capias ad satisfaciendum* abolished\n\nThe writ of extent and the writ of *capias ad satisfaciendum* shall no longer be available at the instance of the Crown for the recovery of debts and judgments and the same are hereby abolished.\n\n##### 12. Rules of Court\n\nThe judges of the Supreme Court or any 2 of them may make rules governing practice or procedure which in their opinion requires to be specially prescribed for the purpose hereof, and subject thereto the rules of the Supreme Court or of any competent court in which an action is brought by or against the Crown shall apply as far as applicable to the practice and procedure to be observed in such action.\n\n![dline]()\n\nNotes\n\n1 This is a compilation of the *Crown Suits Act 1947* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Crown Suits Act 1947* | 11 of 1947   (11 Geo. VI No. 11) | 1 Nov 1947 | 1 Nov 1947 |\n| *Crown Suits Act Amendment Act 1954* | 22 of 1954   (3 Eliz. II No. 22) | 7 Oct 1954 | 7 Oct 1954 |\n| **Reprint of the *Crown Suits Act 1947* approved 14 Apr 1971** (includes amendments listed above) | | | |\n| *Acts Amendment (Asbestos Related Diseases) Act 1983* Pt. III | 84 of 1983 | 22 Dec 1983 | 19 Jan 1984 (see s. 2) |\n| *Financial Administration Legislation Amendment Act 1993* s. 11 | 6 of 1993 | 27 Aug 1993 | 1 Jul 1993 (see s. 2(1)) |\n| *Financial Legislation Amendment Act 1996* s. 64 | 49 of 1996 | 25 Oct 1996 | 25 Oct 1996 (see s. 2(1)) |\n| **Reprint 2: The *Crown Suits Act 1947* as at 9 May 2003** (includes amendments listed above) | | | |\n| *Acts Amendment and Repeal (Courts and Legal Practice) Act 2003* s. 90 | 65 of 2003 | 4 Dec 2003 | 1 Jan 2004 (see s. 2 and *Gazette* 30 Dec 2003 p. 5722) |\n| *Limitation Legislation Amendment and Repeal Act 2005* Pt. 4 3 | 20 of 2005 | 15 Nov 2005 | 15 Nov 2005 (see s. 2(1)) |\n| *Financial Legislation Amendment and Repeal Act 2006* s. 4 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) |\n| **Reprint 3: The *Crown Suits Act 1947* as at 31 Oct 2014** (includes amendments listed above) | | | |\n\n\n2 The provision in this Act repealing that Act has been omitted from this reprint under the *Reprints Act 1984* s. 7(4)(f).\n\n3 The *Limitation Legislation Amendment and Repeal Act 2005* s. 8(2) reads as follows:\n\n(2) The *Crown Suits Act 1947* section 6, as it was immediately before commencement day, continues to apply to causes of action that accrued before commencement day as if subsection (1) had not been enacted.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAct of Parliament 8(4)\n\nCrown 3\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act, as reprinted and annotated, shows that its practical scope has been modified since enactment by later amendments and omissions noted in the compilation table and notes. The current text (as compiled) preserves the core 1947 mechanics—Crown suable as a subject (s5), special enforcement by certificate and public payment (s10), and joinder/intervention powers (s8)—but specific provisions have been amended or deleted (for example, section 6 was deleted as noted; s10 has been amended as recorded in the notes). The Act also formally limits application to causes accruing after commencement (s4). Those later legislative changes and the annotation history alter the Act’s operational scope compared with the original 1947 text and so the scope has changed from the original enactment."},"complexity_factors":["Interplay between ordinary court processes and Crown-specific procedures (s9, s12)","Discretionary intervention and joinder powers vested in the Attorney General and the courts (s8(1), s8(3))","Different enforcement regime for judgments against the Crown (no execution; certificate and Consolidated Account payment) with executive involvement (s10(1)–(2))","Preservation of existing statutory rights and liabilities for Crown bodies and officials, creating potential overlap with other statutes (s7)","Venue-shifting/removal mechanism to the Supreme Court for matters touching constitutional validity (s8(2))","Short text but dependent on cross-references and historical amendments (compilation notes), requiring attention to amendment history for application"],"plain_english_summary":"### What this law does (mechanics)\n\n- The Act lets the State of Western Australia sue and be sued in civil courts in the same way as any private person (s5(1)). Proceedings involving the State are taken under the title “the State of Western Australia” (s5(2)).\n\n- The Act only applies to causes of action that arise after the Act started (s4).\n\n- If a judgment is obtained against the State, courts cannot issue execution or other enforcement processes against the Crown. Instead the Supreme Court registrar issues a sealed certificate of judgment to the successful party (s10(1)), and the Governor causes the amount of the judgment and costs to be charged to the Consolidated Account (s10(2)).\n\n- The historical writs of extent and capias ad satisfaciendum are abolished and cannot be used by the Crown to recover debts or judgments (s11).\n\n- The Attorney General may, with leave, have the Crown intervene in or be joined to civil proceedings between private parties where the Crown’s constitutional rights or the validity of a State Act may be affected; courts can also order the Crown’s joinder (s8(1)). Proceedings outside the Supreme Court raising such questions may be removed into the Supreme Court on application (s8(2)). Any intervention, joinder or removal is subject to terms the court considers just (s8(3)).\n\n- The Act preserves any special rights or liabilities that already exist by statute for Crown bodies or officials (s7(a)–(c)).\n\n- Judges of the Supreme Court may make procedural rules specifically required for actions by or against the Crown; otherwise ordinary rules of the relevant court apply as far as they fit (s12).\n\n\n### Who it affects\n\n- The State of Western Australia (the Crown in right of the State) and anyone who sues or is sued by the State (s3, s5).\n- Corporate bodies or instrumentalities created by statute and officials sued on behalf of the Crown are left with their existing statutory rights and liabilities (s7).\n- Courts and court officers who handle actions involving the Crown, including the Supreme Court registrar and the judges who may make special rules (s10(1), s12).\n\n\n### Why it matters (official aim and practical testing)\n\n- The Act’s long title says it repeals the earlier Crown Suits Act 1898 and makes better provision for suits by and against the Crown. That expresses the Act’s stated purpose: to place the Crown into ordinary civil process while preserving any statutory exceptions (long title; s7).\n\n- Testing that stated purpose against practical consequences and implementation mechanics in the Act:\n  - Who pays: a judgment against the Crown is satisfied by charging the Consolidated Account on the Governor’s direction (s10(2)). This makes the cost of judgments a public-payment obligation rather than allowing private execution against Crown assets (s10(1)–(2); s11 abolishes certain enforcement writs).\n  - Who decides and where discretion lies: the Attorney General can seek Crown intervention or joinder (s8(1)); courts control whether the Crown is joined and may set terms (s8(1), s8(3)); judges may make special procedural rules for Crown litigation (s12); the Governor effects payment (s10(2)).\n  - Compliance and procedural burden: actions against the Crown use ordinary court processes where applicable, but may be subject to special rules made by Supreme Court judges and to joinder/removal mechanisms that can shift venue to the Supreme Court (s12; s8(2)). That creates a mix of standard procedure and Crown-specific procedures to follow.\n  - Effects on private choice and remedies: private litigants can obtain a judgment against the State (s5(1)), but cannot enforce it by ordinary execution—recovery depends on the certificate-and-payment mechanism (s10). That substitutes a public payment route for private enforcement remedies.\n  - Trade-offs and opportunity costs: the Act widens access to sue the Crown while substituting limited enforcement options and preserving pre-existing statutory arrangements for Crown instrumentalities (s7, s10, s11). The cost of judgments is borne from public funds (s10(2)), which centralises payment responsibility but also places payment timeliness and priority under executive processes (Governor/Consolidated Account).\n  - Implementation risks and discretion: key steps (leave to intervene, terms of joinder, special procedural rules, and the Governor’s payment direction) are controlled by officials or courts (s8(1), s8(3), s12, s10(2)), creating points where administrative discretion affects outcomes.\n\n\n### Concrete, source-cited takeaways\n\n- The Act treats the Crown as a party for litigation purposes (s5) but removes ordinary execution against it and replaces enforcement with a certificate plus payment from the Consolidated Account (s10(1)–(2); s11).\n- The Attorney General and the courts have procedural powers to involve the Crown in private litigation where the Crown’s constitutional interests or the validity of State legislation may be engaged (s8).\n- Existing statutory rights and liabilities for Crown bodies and officials continue to operate alongside this Act (s7).\n- The Act applies only to causes of action accruing after its commencement (s4)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing the procedural framework for litigation involving the Crown in Western Australia. While there have been amendments (notably the deletion of section 6 regarding limitation periods, and updates to payment mechanisms in section 10), these are technical updates rather than scope creep. The Act has not expanded beyond its core function of governing Crown suits."},"complexity_factors":["Only 2 defined terms in the interpretation section (section 3 and 8(4))","No nested exceptions or complex conditional logic","Straightforward procedural rules with minimal cross-referencing","Short length (12 sections, with several omitted or deleted)","Clear, declarative language ('the Crown may sue and be sued as a subject')","Single amendment note regarding transitional provisions for deleted section 6"],"plain_english_summary":"**What this law does:**\n\nThis is a Western Australian law that sets out how the State government (\"the Crown\") can take legal action, and be sued, in the courts. Before laws like this existed, the Crown (the government) had special protections and couldn't easily be sued by ordinary people. This Act brings the government down to the same level as everyone else in court.\n\n**Key points:**\n\n*   **Suing and being sued:** The State can sue people and companies, and they can sue the State back, using the same court rules that apply to everyone else (section 5).\n*   **How to name the State:** When you sue the government, you use the name \"the State of Western Australia\" (section 5(2)).\n*   **Paying judgments:** If you win a court case against the State, you can't send bailiffs to seize government property (execution). Instead, the court gives you a certificate, and the Governor arranges payment from the State's main bank account (the Consolidated Account) (section 10).\n*   **Old powers abolished:** The Act scraps ancient royal powers like \"writs of extent\" and \"capias ad satisfaciendum\" — these were old ways the Crown could seize property or imprison debtors (section 11).\n*   **Intervention in cases:** If two private parties are suing each other and the case might affect the government's constitutional powers, the Attorney General can step in or the court can order the State to join the case (section 8).\n*   **Saving other rights:** The Act doesn't wipe out other laws that give specific government bodies or officials special rights to sue or be sued (section 7).\n\n**Who it affects:**\n\nAnyone who has a legal dispute with the Western Australian government, or who is involved in a case where government powers might be relevant. It also affects government lawyers and the courts themselves.\n\n**Why it matters:**\n\nThis is the foundation of the \"rule of law\" in Western Australia — the principle that the government is not above the law and can be held accountable in court just like any citizen or company."}},"importantCases":[],"_links":{"self":"/api/acts/crown-suits-act-1947","history":"/api/acts/crown-suits-act-1947/history","analysis":"/api/acts/crown-suits-act-1947/analysis","conflicts":"/api/acts/crown-suits-act-1947/conflicts","importantCases":"/api/acts/crown-suits-act-1947/important-cases","documents":"/api/acts/crown-suits-act-1947/documents"}}