South Australian Current Acts South Australian Current Acts213—Procedure upon, and enforcement of claims against the Assurance Fund
All proceedings against the Registrar-General as nominal defendant, for the
purpose of obtaining compensation from the Assurance Fund, shall be instituted
and carried on in the following manner:
(a) Mode
of application by claimant
the claimant shall apply to the Court upon affidavit for a rule or summons
calling upon the Registrar-General, as nominal defendant, to show cause why
compensation should not be paid out of the Assurance Fund to the claimant; and
the Court may grant a rule or summons accordingly and such rule or summons
shall be returnable not less than seven days after service thereof on the
Registrar-General;
(b)
Registrar-General may show cause
the Registrar-General may show cause against such rule or summons, and the
Court may thereupon, or if no cause be shown, upon proof of service of the
rule or summons, make absolute or discharge the same, or make such order as
the circumstances shall require, with or without costs; or may, if satisfied
that other persons should be represented on the rule or summons, require such
persons to be served with notice thereof, and for that purpose adjourn the
consideration of the rule or summons;
(c)
Court may direct question of fact to be tried
the Court may direct any question of fact to be decided before the said Court,
and for that purpose may direct an issue to be tried wherein the claimant
shall be plaintiff, and the Registrar-General and such person or persons (if
any) as the Court shall direct, shall be defendant or defendants, and the
Court shall direct when and where the trial of such issue shall take place;
and may adjourn the further consideration of the rule or summons until after
the trial of the issue;
(d)
Court may order production of papers
the Court may also direct the parties to the proceedings or issue to produce
on oath all deeds, books, papers, and writings in their custody or power,
before the Court or the Master, on a day to be named by the Court, and each
party shall have liberty to inspect the same, and take copies thereof, at his
own expense; and such of them as either party shall give notice to have
produced at the trial shall be produced accordingly;
(e) Form
of issue
the issue (if any) may be in the following form, or in such other form as the
Court shall approve:
In the Supreme Court
The day
of in
the year of Our Lord, 20 .
South Australia
to wit
Whereas A.B. affirms, and C.D. denies [ here state the questions of fact to be
tried ] and it has been ordered by His Honour Mr.
Justice according
to the Real Property Act 1886 that the said questions shall be tried;
Therefore let the same be tried accordingly.
And in the case the parties differ upon the questions of fact to be tried, the
Court may either settle the same or refer them to the Master;
(f)
Court may make order after trial of issue
after the trial of the issue the Court may, upon further consideration of the
rule or summons, make such order either with or without costs, as the
circumstances shall require;
(g)
Effect of order
every order of the Court on such rule or summons shall have the effect of a
judgment of the Court in an action;
(h)
Treasurer to pay compensation
the Treasurer shall, on the production of any such order directing payment of
compensation with or without costs out of the Assurance Fund, pay the same
accordingly.