Part 13, The State Proceedings Act, 2000

27. Writs of extent or *diem clausit extremum* are hereby abolished. [Margin: Abolition of certain writs.] 28. (1) Notwithstanding section 12, the Rules of Court Committee may make rules for the purpose of giving effect to this Act, and any such rules may contain provisions to have effect in relation to any proceedings by or against the Government in substi-tution for, or by way of addition to, any of the provisions of the rules applying to provisions between private persons. [Margin: Rules of court.] (2) Without prejudice to the generality of subsection (1), provision shall be made by rules of court in respect of the following matters:— (a) for securing that where any civil proceedings are brought against the Government in accordance with this Act, the plaintiff shall, before the Government is required to take any step in the proceedings, provide the Government with such information as the Government may reasonably require as to the circumstances in which it is alleged that the liability of the Government has arisen and as to the departments or officers of the Government concerned; (b) for providing that in the case of proceedings against the Government the plaintiff shall not enter judgement against the Government in default of appearance or pleading without the leave of the court to be obtained on an application of which notice has been given to the Government; (c) for excepting proceedings brought against the Government from the operation of any rule of court providing for summary judgment without trial; 16 No. 14 State Proceedings Act 2000 (d) for providing that a person shall not be entitled to avail himself of any set-off or counterclaim in any proceedings by the Government for the recovery of taxes, duties or penalties, or to avail himself in proceedings of any other nature by the Government of any set-off or counterclaim arising out of a right or claim to repayment in respect of any taxes, duties or penalties: (e) for enabling evidence to be taken on commission in proceedings by or against the Government. 29. Except as otherwise expressly provided, this Act shall not affect proceedings which have been instituted and are pending at the commencement of this Act. [Margin: Pending proceedings.] 30. (1) Any expenditure incurred by or on behalf of the Government by reason of this Act shall be defrayed out of moneys provided by Parliament. [Margin: Financial provisions.]