Western Australian Consolidated Acts

CIVIL JUDGMENTS ENFORCEMENT ACT 2004

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used  
   4.      Term used: earnings  
   5.      Judgments to which this Act applies  
   6.      Crown bound  
   7.      Common law writs etc. and rules, application of  

   PART 2 -- Interest on judgment sums  

   8.      Interest on judgment sums  

   PART 3 -- Provisions applying to all judgments  

           Division 1 -- Procedural matters  

   9.      Applying to a court under this Act  
   10.     Costs of proceedings under this Act  

           Division 2 -- General  

   11.     When judgments have effect  
   12.     Limitation period for enforcement  
   13.     Court’s leave to enforce needed in some cases  
   14.     Partnerships, enforcement against  

           Division 3 -- Suspending the enforcement of judgments  

   15.     Suspension order  
   16.     Suspension order, effect of  

   PART 4 -- Enforcing monetary judgments  

           Division 1 -- General  

   17.     Term used: enforcement order  
   18.     Enforcement orders, applicability of  
   19.     Enforcement orders, application for etc.  
   20.     Enforcement and other orders, making of  
   21.     Certain orders only available at or after means inquiry  
   22.     More than one enforcement order, applications for  
   23.     Multiple enforcement orders, effect of  
   24.     Money recovered, judgment creditor’s duties as to  
   25.     Excess money recovered, consequences  

           Division 2 -- Means inquiry  

   26.     Means inquiry, nature of  
   27.     Means inquiry, application for by judgment creditor  
   28.     Means inquiry, application for by judgment debtor  
   29.     Means inquiry, summons to attend  
   30.     Means inquiry, conduct of  
   31.     Orders at or after a means inquiry  

           Division 3 -- Orders for payment  

   32.     Time for payment order  
   33.     Instalment order  

           Division 4 -- Appropriating a judgment debtor’s earnings  

   34.     Terms used  
   35.     Earnings appropriation order  
   36.     Earnings appropriation order, content and service of  
   37.     Earnings appropriation order, effect of  
   38.     Third person’s obligations  
   39.     Third person entitled to expenses of obeying order  
   40.     Third person may object to appropriation order  
   41.     Objection to appropriation order, consequences of  
   42.     Earnings appropriation order, failure to obey  
   43.     Earnings appropriation order, effect of obeying  
   44.     Employees, protection of  

           Division 5 -- Appropriating debts owed to a judgment debtor  

   45.     Terms used  
   46.     Available debt in relation to a judgment debtor  
   47.     Workmen’s Wages Act 1898, application of  
   48.     Available debts, provisions about  
   49.     Debt appropriation order  
   50.     Debt appropriation order, content and service of  
   51.     Debt appropriation order, effect of  
   52.     Third person’s obligations  
   53.     Third person entitled to expenses of obeying order  
   54.     Third person may object to appropriation order  
   55.     Objection to appropriation order, consequences of  
   56.     Debt appropriation order, failure to obey  
   57.     Debt appropriation order, effect of obeying  
   58.     Money in court due to a judgment debtor, appropriation of  

           Division 6 -- Seizing and selling a judgment debtor’s property  

              Subdivision 1 -- General  

   59.     Property (seizure and sale) order  
   60.     Property (seizure and sale) order, content and service of  
   61.     Receipt of order to be recorded by Sheriff  
   62.     Property (seizure and sale) order, duration of  
   63.     Determining a judgment debtor’s interest in property  
   64.     Personal property to be sold in preference to real property  
   65.     Only sufficient property to be sold  
   66.     Seized property, Sheriff to determine fair value of  
   67.     Interests of others  
   68.     Sale to be advertised  
   69.     Place and manner of sale  
   70.     Transfers of property sold, Sheriff may sign  
   71.     Purchasers of property sold, protection of  
   72.     Proceeds of sale, how to be applied  
   73.     Priority of orders, establishing  

              Subdivision 2 -- Seizing and selling personal property  

   74.     Property (seizure and sale) order, effect of  
   75.     Seizing personal property, powers enabling  
   76.     Property that cannot be seized and sold  
   77.     Seizure notice to be issued  
   78.     Custody of seized property  
   79.     Cheques etc., consequences of seizing  

              Subdivision 3 -- Seizing and selling real property  

   80.     Property (seizure and sale) order, effect of  
   81.     Power of entry  
   82.     Judgment debtor may be permitted to sell or mortgage real property  

              Subdivision 4 -- Interpleader  

   83.     Making a claim to property  
   84.     Judgment creditor may admit or dispute claim  

           Division 7 -- Receivers and special remedies  

   85.     Term used: available asset  
   86.     Appointing a receiver, injunctions etc.  
   87.     Receiver, appointment of etc.  

           Division 8 -- Disobeying time for payment orders and instalment orders  

   88.     Summons to default inquiry, request for  
   89.     Default inquiry, summons to attend  
   90.     Default inquiry, nature of  
   91.     Imprisonment for default, judgment creditor’s duties  
   92.     Imprisonment for default, release from  

           Division 9 -- Miscellaneous  

   93.     Judgments against objects  

   PART 5 -- Enforcing non-monetary judgments  

           Division 1 -- Judgments requiring property to be given up  

   94.     Application of this Division  
   95.     Property (seizure and delivery) order  
   96.     Property (seizure and delivery) order, effect of  

           Division 2 -- Other non-monetary judgments  

   97.     Application of this Division  
   98.     Disobeying judgment is a contempt of court  
   99.     Court may order act to be done at expense of obligated person  

   PART 6 -- Miscellaneous enforcement provisions  

   100.    Personal property on land, powers to deal with  
   101.    Signing of documents, court may order  
   102.    Duration and renewal of orders and warrants  
   103.    Amending and cancelling orders etc.  
   104.    Directions, court may give  
   105.    Irregular enforcement, courts’ powers as to  

   PART 7 -- Administrative matters  

           Division 1 -- Officers  

   106.    Terms used  
   107.    Bailiffs, appointment of  
   108.    Assistant bailiffs, appointment of  
   109.    Sheriff may delegate to bailiffs  
   110.    Bailiffs’ functions  
   111.    Protection from liability  

           Division 2 -- Provisions about the Sheriff  

   112.    Sheriff unable to act, court’s powers  
   113.    Sheriff exempt from some fees  
   114.    Sheriff entitled to access to some official records  
   115.    Sheriff exempt from some licensing requirements  

   PART 8 -- Miscellaneous  

   116.    Protection of person acting under sealed court order  
   117.    Sheriff and bailiffs to carry out orders  
   118.    Impersonating an officer, offence of  
   119.    Regulations  
   120.    Fees, regulations may prescribe  
   121.    Rules of court  
           SCHEDULE 1 -- Provisions about available debts  
           Compilation table