Section 51 — Property (Relationships) Act 1976: Proceedings in tort

51 Proceedings in tort (1) Subject to this section, each of the parties to a marriage or civil union shall have the like right of action in tort against the other as if they were not married or in a civil union. (2) Where one of the parties to a marriage, civil union, or de facto relationship brings an action in tort against the other during the subsistence of the marriage, civil union, or de facto relationship, the Court may at any stage of the proceedings, on application or of its own motion, stay the action if it appears that— (a) No substantial benefit, whether material or otherwise, would accrue to either party by the continuation of the proceedings; or (b) The proceedings are vexatious in character; or (c) The question or questions in issue could more conveniently be disposed of on an application made under this Act. (3) Without limiting the provisions of subsection (2)(c) of this section, the Court may in any such action exercise any power which could be exercised on an application under this Act or give such directions as it thinks fit for the disposal under this Act of any question arising in the proceedings. (4) In an action to which this section applies, judgment by default shall not be entered except with the leave of the Court. An application for the grant of such leave must be served on the defendant. (5) In this section the term Court means the High Court, a District Court, or a Family Court; but a District Court shall not exercise any power which could be exercised on an application under this Act unless it is empowered to do so under any enactment (other than this section). Compare: 1963 No 72 s 4(1)-(4) Subsection (1) was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by inserting the words “ or civil union ” after the word “ marriage ” . Subsection (1) was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the words “ not married or in a civil union ” for the word “ unmarried ” . Subsection (2) was amended, as from 1 February 2002, by section 57 Property (Relationships) Amendment Act 2001 (2001 No 5) by inserting, after the word “ marriage ” in both places where it occurs, the words “ or de facto relationship ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (2) was amended, as from 26 April 2005, by section 3(3) Property (Relationships) Amendment Act 2005 (2005 No 19) by inserting the words “ , civil union, ” after the word “ marriage ” in both places it appears. Subsection (5) was inserted, as from 1 October 1981, by section 17(1) Family Courts Act 1980 (1980 No 161).