South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LEGAL SERVICES COMMISSION ACT 1977 - SECT 18A

18A—Legal assistance costs may be secured by charge on land

        (1)         Where, pursuant to a condition on which legal assistance is granted, legal assistance costs payable to the Commission are to be secured by a charge on land, the Director may lodge with the Registrar-General a notice (in a form approved by the Registrar-General) specifying the land to be charged and certifying that legal assistance costs are to be charged on the land.

        (2)         Where a notice is lodged under subsection (1), the Registrar-General must register the notice by entering a memorandum of charge in the register book or register of Crown leases.

        (3)         If the land to be charged is not under the Real Property Act 1886 a notice specifying the land to be charged and certifying that legal assistance costs are to be charged on the land may be registered in the General Registry Office.

        (4)         Where a notice is lodged with the Registrar-General or registered in the General Registry Office under this section, the Director must inform the assisted person in writing of the action so taken.

        (5)         On the registration of a notice under this section, legal assistance costs payable to the Commission are a charge on the land for the benefit of the fund (and the notice is, for the purposes of section 56 of the Real Property Act 1886 , treated as if it were an instrument presented for registration at the time the notice was lodged).

        (6)         If any default is made in the payments towards legal assistance costs, the Commission has the same powers of sale over the land charged as are given by the Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in the payment of principal (and a sale by the Commission is, for the purposes of that Act, treated as if it were such a sale by a mortgagee).

        (6a)         If the charged land is sold by a mortgagee or encumbrancee, the charge is, for the purposes of sections 135 and  135A of the Real Property Act 1886 , to be treated as if it were an encumbrance referred to in those sections.

        (7)         Where the amount secured by a charge registered under this section is paid or recovered or the Commission determines that such a charge is no longer required, the Director must—

            (a)         in the case of a charge on land under the Real Property Act 1886 —request the Registrar-General to remove the charge;

            (b)         in the case of a charge on land not under the Real Property Act 1886 —register a notice of the removal of the charge in the General Registry Office.

        (8)         The Registrar-General must, on receipt of a request for the removal of a charge on land under the Real Property Act 1886 , register a memorandum of the removal of the charge in the register book or register of Crown leases.

        (9)         No stamp duty or fee is payable in respect of any notice lodged or action of the Registrar-General pursuant to this section.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback