BRITISH JUDGMENTS RECIPROCAL ENFORCEMENT ORDER - WESTERN AUSTRALIA

BRITISH JUDGMENTS RECIPROCAL ENFORCEMENT -

WESTERN AUSTRALIA

SUBSIDIARY LEGISLATION 52.04

BRITISH JUDGMENTS RECIPROCAL

ENFORCEMENT ORDER - WESTERN AUSTRALIA

23rd April, 1926

PROCLAMATION III of 1926.

The title of this Order is British Judgments Reciprocal

Enforcement Order - Western Australia.

(Article 2)

WHEREAS it is provided, by article 12 of the Maintenance

Orders (Facilities for Enforcement) Ordinance, that where the

Governor in Council is satisfied that reciprocal provisions have

been made by the Legislature of any part of His Majesty’s

Dominions outside these Islands for the enforcement, within that

part, of maintenance orders made by the Court of these Islands, the

Governor may, by Proclamation, extend this Ordinance to that part,

and thereupon that part shall become a part of His Majesty’s

Dominions to which this Ordinance extends;

AND WHEREAS it is provided by article 5(2) of the Reciprocal

Enforcement of Judgements Act, that where the Governor in

Council is satisfied that reciprocal provisions have been made by

the Legislature of any part of His Majesty’s Dominions outside the

United Kingdom for the enforcement within that part of judgments

obtained in the Island of Malta and its Dependencies, the Governor

may, by Proclamation, declare that this Act shall extend to

judgments obtained in a Superior Court in that part of His

Majesty’s Dominions in the like manner as it extends to judgments

obtained in a Superior Court in the United Kingdom, and on and

such Proclamation being made this Act shall extend accordingly;

AND WHEREAS I am satisfied that by virtue of an Order in

Council, made at Perth on the 6th day of January 1926 by His

Excellency the Governor of the State of Western Australia,

reciprocal provisions have been made for the enforcement, within

the State of Western Australia, of maintenance orders made by the

Courts of these Islands; and, further, that by an Order in Council

made at Perth on the 28th day of January, 1925, by His Excellency

the Governor of the State of Western Australia, it has been declared

*The Proclamation is reproduced in its original form. By virtue of the amendments,

made to the parent law, by Act LVIII of 1974, the power to extend the applicability of

the Act outside Malta is vested in the President of Malta.

BRITISH JUDGMENTS RECIPROCAL ENFORCEMENT -

WESTERN AUSTRALIA

that the provisions of the Reciprocal Enforcement of Judgments

Act, 1921, shall extend to Malta

NOW, THEREFORE, I, SIR WALTER NORRIS CONGREVE,

do proclaim that the said Maintenance Orders (Facilities for

Enforcement) Ordinance and the said Reciprocal Enforcement of

Judgements Act shall apply and extend to maintenance orders made

by the Courts, and to the judgements obtained in the Supreme

Courts, of the State of Western Australia.

The provisions of the British Judgements (Reciprocal

Enforcement) Act shall apply and extend to Western Australia by

virtue of the Proclamation which is reproduced in the Schedule to

this Order.