Australian Capital Territory Repealed Acts

This legislation has been repealed.

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1955 (REPEALED) - SECT 50

    (1)     Where a reversion, remainder or other estate or interest in any property is expectant upon the determination of a life or lives, the person entitled to the reversion, remainder or other estate or interest upon the determination of the life or lives may, in proceedings in a court claiming relief on the basis that the determination of the life or lives has occurred, adduce evidence of belief that that life has, or those lives have, determined and of the grounds for that belief and, if evidence is so adduced, then, unless—

        (a)     the person on whose life the reversion, remainder or other estate or interest is expectant is produced in court or otherwise shown to be living; or

        (b)     the persons on whose lives the reversion, remainder or other estate or interest is expectant are produced in court or otherwise shown to be living;

as the case may be, the court may, in its discretion, order that the person, or the persons, shall, for the purpose of the proceedings, be treated as having died, and give relief accordingly.

    (2)     If, in proceedings in a court of a kind referred to in subsection (1), evidence is adduced that a person upon whose life the reversion, remainder or other estate or interest in property is expectant has remained beyond Australia, or has otherwise been absent from the place in Australia at which he or she might have been expected to have been found, for a period of 7 years or more, then, unless it is proved to the satisfaction of the court that the person is still living, the court may, in its discretion, order that the person shall, for the purpose of the proceedings, be treated as having died, and may give relief accordingly.

    (3)     If, after judgment has, in proceedings in respect of the death of a person of a kind referred to in subsection (2), been given against the plaintiff, other proceedings are brought by the plaintiff in a court on the basis that the life of the person has determined, the court may make an order staying those other proceedings permanently or until such future order or for such time as it may think fit.

    (4)     If, after a person having an estate or interest in property determinable on a life or lives has been evicted from, or deprived of, any property, or any estate or interest in any property, by reason of a judgment of a court giving relief on the basis that the life has, or the lives have, determined, it appears to a court that—

        (a)     the person on whose life that estate or interest depended is alive, or was alive at the time when the person was evicted from, or deprived of, that property or estate or interest in property; or

        (b)     the persons on whose lives that estate or interest depended are alive, or were alive at the time when the person was evicted from, or deprived of, that property or estate or interest in that property;

the court may give such relief as is appropriate in the circumstances.

Note     The provisions of this division were substituted for 29 Chas. 2 c 3, s 1, s 2, s 3, s 7, s 8 and s 9 (1677) (also known as the Statute of Frauds 1677 ).