Procedure upon, and enforcement of claims against the Assurance Fund
213 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:
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;
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;
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;
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;
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;
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;
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;
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.
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