Australian Capital Territory Repealed Acts

This legislation has been repealed.

CONVEYANCING ACT 1919 (REPEALED) - SECT 12

    (1)     An absolute assignment, by instrument signed by the assignor, of a debt or thing in action (other than an assignment expressed to be by way of charge only) is effective at law to transfer the right to the debt or thing in action if written notice of the assignment is given to the debtor, trustee, or other person, (the liable person ) from whom the assignor would have been entitled to receive or claim the debt or thing in action.

    (2)     The transfer takes effect on the day the notice is given.

    (3)     Without limiting subsection (1), the assignee may recover or otherwise enforce the debt or thing in action, and give a good discharge for it, without involving the assignor.

    (4)     However, the transfer is subject to all equities that would have been entitled to priority over the right of the assignee apart from this section.

    (5)     If the liable person has notice that the assignment is disputed, or of any conflicting or disputed claims to the debt or thing in action, the liable person may—

        (a)     call on anyone claiming the debt or thing in action to interplead; or

        (b)     pay any amount in dispute into court.