BE

No. 1460.

An Act to amend the Law Society Act, 1915.

[Assented to, September 28th, 1921.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows:

1. (1) This Act may be cited as the "Law Society Act Amend- Short titles. ment Act, 1921."

(2) The Law Society Act, 1915, and this Act may be cited No. 1220 of 1915. together as the "Law Society Acts, 1915 and 1921."

2. This Act is incorporated with the Law Society Act, 1915, and Incorporation with that Act and this Act shall be read as one Act.

3. Subsection (3) of section 19 of the Law Society Act, 1915, is amended by substituting the word "seven" for the word "five" in the first line thereof.

Act 1220, 1915.

Amendment of Act 1220, 1915, s. 19 (3)Statutory Committee to consist of seven members.

In the name and on behalf of His Majesty, I hereby assent to this Bill.

W. E. G. A. WEIGALL, Governor.

Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.

An Act to facilitate the Reciprocal Enforcement of Judgments and Awards in Parts of His Majesty's Dominions outside the Commonwealth of Australia, and for other purposes.

BE

[Assented to, October 5th, 1921.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows:

PART I.

1. This Act may be cited as the "Administration of Justice Short title. Act, 1921."

PART II.-Reciprocal Enforcement of Judgments in South
Australia and in other parts of His Majesty's
Dominions:

PART III.-Miscellaneous Provisions.

PART II.

RECIPROCAL ENFORCEMENT OF JUDGMENTS IN SOUTH
AUSTRALIA AND IN OTHER PARTS OF HIS
MAJESTY'S DOMINIONS.

3. The Creditors Remedies Act, 1880, is hereby repealed.

Arrangement of Act.

PART II.

Repeal of Aot

4. (1) In No. 181 of 1880

PART II.

Interpretation.

Cf. 10 & 11 Geo. 5,

c. 81, s. 12.

Application of this
Act.

Cf. ibid., ss. 13, 14.

8. 2.

Administration of Justice Act.-1921.

4. (1) In this Part of this Act, unless the context otherwise requires

66

66

66

Judgment" means any judgment or order given or made by a Court in any civil proceedings, whether before or after the passing of this Act, whereby any sum of money is made payable, and includes an award in proceedings on an arbitration if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a Court in that place:

'Judgment creditor " means the person by whom the judgment was obtained, and includes the successors and assigns of that person:

Judgment debtor" means the person against whom the
judgment was given, and includes any person against
whom the judgment is enforceable in the place where
it was given :

Original Court," in relation to any judgment, means the
Court by which the judgment was given.

(2) Subject to Rules of Court, any of the powers conferred by this Part of this Act on any Court may be exercised by a Judge of the Court.

5. (1) This Part of this Act applies with respect to the United Kingdom.

(2) Where the Governor is satisfied that reciprocal provisions Cf. S.A., 181, 1880, have been made by the legislature of any part of His Majesty's dominions outside the Commonwealth of Australia, other than the United Kingdom, for the enforcement within that part of His Majesty's dominions of judgments obtained in the Supreme Court of South Australia, the Governor may, by proclamation, declare that this Part of this Act shall apply with respect to that part of His Majesty's dominions, and on any such proclamation this Part of this Act shall apply accordingly.

(3) The Governor may, by proclamation, declare that this Pa of this Act shall apply with respect to any territory which is under His Majesty's protection, or in respect of which a mandate is being exercised by the Government of any part of His Majesty's dominions, as if that territory were part of His Majesty's dominions, and on the making of any such proclamation this Part of this Act shall, subject to the provisions of the proclamation, have effect accordingly.

(4) The Governor may, by proclamation, revoke or vary any proclamation made under this section.

(5) A copy of the Government Gazette purporting to contain a copy of a proclamation under this section shall be conclusive evidence of the validity, contents, making, and publication of such proclamation, and of the fulfilment of all conditions precedent to the valid making thereof. 6. (1) Where

Administration of Justice Act.-1921.

PART II.

South Australia of judgments obtained

dominions.

6. (1) Where a judgment has been obtained in a superior Court Enforcement in in any part of His Majesty's dominions outside the Commonwealth of Australia with respect to which this Part of this Act applies, the in superior courts in judgment creditor may apply by motion to the Supreme Court of other British South Australia at any time within twelve months after the date of the judgment, or such longer period as may be allowed by the said Cf. ibid., s. 9. Court, to have the judgment registered in the said Court, and on Cf. S.A., 181, 1880, any such application the said Court may, if in all the circumstances of the case they think it is just and convenient that the judgment should be enforced in South Australia, and subject to the provisions of this section, order the judgment to be registered accordingly.

(2) No judgment shall be ordered to be registered under this section if

(a) the original Court acted without jurisdiction; or

(b) the judgment debtor, being a person who was neither carrying on business nor ordinarily resident within the jurisdiction of the original Court, did not voluntarily appear or otherwise submit or agree to submit to the jurisdiction of that Court; or

(c) the judgment debtor, being the defendant in the proceedings, was not duly served with the process of the original Court and did not appear, notwithstanding that he was ordinarily resident or was carrying on business within the jurisdiction of that Court or agreed to submit to the jurisdiction of that Court; or

(d) the judgment was obtained by fraud; or

(e) the judgment debtor satisfies the Supreme Court of South Australia either that an appeal is pending, or that he is entitled and intends to appeal, against the judgment;

or

(f) the judgment was in respect of a cause of action which
for reasons of public policy or for some other similar
reason could not have been entertained by the Supreme
Court of South Australia.

(3) Where a judgment is registered under this section-
(a) the judgment shall, as from the date of registration, be of
the same force and effect, and proceedings may be taken
thereon, as if it had been a judgment originally obtained
or entered on the date of registration in the Supreme
Court of South Australia:

(b) the said Court shall have the same control and jurisdiction
over the judgment as it has over similar judgments
given by itself, but in so far only as relates to execution
under this section :

8. 3.

(c) the