Commonwealth Consolidated Regulations

DEFENCE SERVICE HOMES REGULATIONS 1936 - REG 78

         (1)   In any proceedings instituted by or on behalf of the Corporation for the recovery of possession of any dwelling‑house and land in pursuance of section 30A of the Act a certificate in writing given by the Corporation certifying that:

                (a)    a person named in the certificate:

                          (i)    purchased the dwelling‑house and land described in the certificate from the Defence Service Homes Corporation, or from the State Bank of South Australia or a State authority referred to in the definition of Bank contained in the Agreement set forth in the Schedule to the War Service Homes (South Australia) Agreement Act 1934 , as the case may be; or

                         (ii)    received an advance from, or executed a mortgage or other security to, the Defence Service Homes Corporation or the State Bank of South Australia or a State authority referred to in the definition of Bank contained in the Agreement set forth in the Schedule to the War Service Homes (South Australia) Agreement Act 1934, as the case may be, in respect of the dwelling‑house and land described in the certificate; and

                (c)    the person so named failed to comply with a prescribed term or condition or a term or condition contained in the contract of sale, mortgage or other security in the respect or respects specified in the certificate;

shall be prima facie evidence of the matters so certified.

         (3)   In any proceedings to which this regulation applies, it shall not be necessary to prove the signature of any person to any agreement, contract or mortgage relating to the dwelling‑house and land of which recovery of possession is sought, if the Corporation certifies in writing that the agreement, contract or mortgage is the original document filed in the office of the Corporation in respect of that dwelling‑house and land, and that agreement, contract or mortgage shall be deemed to have been signed by the person or persons whose signature or signatures it purports to bear.