29Enforcement of judgments against Territory Crown

29 Enforcement of judgments against Territory Crown (1) A writ or similar process must not be issued out of any court or the ACAT to enforce a judgment against the Territory Crown. (2) If— (a) a final judgment is given against the Territory Crown; and (b) the judgment has not been paid; and (c) the judgment has not been appealed against or stayed (or, if it has, the appeal has been disallowed or discontinued or the stay has been removed); and (d) at least 28 days have elapsed since the judgment was given; the party in whose favour the judgment was given may give a copy of the judgment to the Treasurer. (3) If the Treasurer receives a copy of a final judgment under subsection (2), the Treasurer must give directions about how the judgment is to be paid unless the Treasurer is satisfied that the judgment can be, or has been, paid in another way. (4) A direction under this section that requires payment of public money of the Territory operates to authorise payment of the money. (5) The Financial Management Act 1996, section 6 (Necessity for appropriation) does not apply to a payment made in accordance with a direction under this section. (6) A direction under this section that requires payment of an amount from the funds of a territory authority or instrumentality provides sufficient authority for the payment. (7) In this section: Territory Crown—see section 28 (3).

Provisions applying only to the Territory Division 4.3