CIVIL JUDGMENTS ENFORCEMENT REGULATIONS 2005

Western Australian Consolidated Regulations

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CIVIL JUDGMENTS ENFORCEMENT REGULATIONS 2005

TABLE OF PROVISIONS

PART 1 -- Preliminary

1. Citation
2. Commencement
3. Terms used

PART 2 -- Interest on judgment debts

4. Interest on unpaid amount of judgment sum

PART 3 -- Provisions applying to all judgments

5. Application by one party under the Act section 9(1)(b)
6. Costs against judgment creditor
7. Leave to enforce a judgment
8. Conditional judgment
9. Suspension order

PART 4 -- Enforcement of monetary judgments

Division 1 -- General

10. Review of amount of the judgment debt sought to be recovered
11. Error in calculation of amount of judgment debt
12. Application by judgment creditor under the Act section 22(1)
13. Accounts: Act section 24(2)

Division 2 -- Means inquiry

14. Location of means inquiry
15. Issue and service of summons to attend means inquiry
16. Production before the inquiry
17. Statement of financial affairs
18. Warrant: the Act section 29(4)
19A. Requests for court to examine a judgment debtor
19. Service of summons: the Act section 31(3)
20. Review of amount of the judgment debt sought to be recovered
21. Notice of certain orders

Division 3 -- Earnings appropriation order

22. Service of an earnings appropriation order
23. Service of notice under the Act section 37(4)
24. Expenses of obeying an earnings appropriation order
25. Service of an objection to an earnings appropriation order
26. Notice to court of allowance of objection by judgment creditor
27. Objection to earnings appropriation order

Division 4 -- Debt appropriation order

28. Application
29. Service of debt appropriation order
30. Service of notice under the Act section 51(7)
31. Expenses of obeying a debt appropriation order: the Act section 53(1)
32. Service of an objection to a debt appropriation order
33. Notice to court of allowance of objection by judgment creditor
34. Objection to debt appropriation order

Division 5 -- Property (seizure and sale) order

35. Property that cannot be seized and sold under a property (seizure and sale) order
36. Separate property (seizure and sale) order for costs
37. Other information to be included in a property (seizure and sale) order
38. Service of property (seizure and sale) order on Sheriff
39. Notice of application under the Act section 69(2)
40. Seizure notice, further information
41. Certain notices to judgment debtor and Sheriff
42. Mode of sale
43. Priority of orders, establishing by ballot
44. Procedure for conducting ballot
45. Account of sale under property (seizure and sale) order

Division 6 -- Interpleader

46. Notice of claim
47. Notice by Sheriff to judgment creditor
48. Admitting claim
49. Application by the Sheriff
50. Location of interpleader proceedings
51. Interpleader proceedings
52. Power to delay sale
53. Other information as to claim

Division 7 -- Receivers and special remedies

54. Application
55. Form of order
56. Receiver’s security
57. Accounts
58. Payment of balances by receiver
59. Default by receiver
60. Accounts to be deposited
61. Sheriff may be appointed as receiver

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

62. Location of default inquiry
63. Notice to judgment creditor
64. Default inquiry summons: the Act section 89(1)
65. Warrant: the Act section 89(4)
66. Proof of non-compliance
67. Judgment creditor’s advice
68. Notice of arrest of person
69. Advice that judgment debtor should be released
70. Judgment creditor’s request that person be released
71. Superintendent to be advised of judgment debt outstanding
72. Notice of release of person

PART 5 -- Miscellaneous enforcement provisions

73. More than one enforcement order
74. Application for renewal of order or warrant
75. Amending or cancelling orders
76. Suspension of enforcement
77. Return to enforcement order

PART 6 -- Service

Division 1 -- General

78. Personal service: how effected
79. Ordinary service: how effected
80. Address for service
80A. Applications and requests to specify address for service
81. Acceptance by lawyer or agent
82. Apparently ineffective service
83. Substituted service
84. Documents served by enforcement officer
85. Documents served by other persons
86. Court may inquire into service
87. Time of service

Division 2 -- Personal service

88. Service of a document on an individual
89. Service of a document on a partnership
90. Service of a document on a corporation
91. Service of a document on a public authority

Division 3 -- Ordinary service

92. Ordinary service

Division 4 -- Service by email or fax

93. Email and fax address for service
94. Service of documents by email
95. Service of documents by fax

PART 7 -- Miscellaneous

96. Warrants, effect of and procedure on
97. Register
98. Bailiff to keep records
99. Other duties of bailiff
100. Extension or abridgment of time
101. False or misleading information
102. Seal
103. Approval of forms by the chief executive officer

PART 8 -- Enforcement costs

104. Terms used
105. Fees to be paid
106. Fees to be paid in advance
107A. To whom fees must be paid
107. Court may remit certain fees
108. Resolution of disputes as to enforcement costs
109. Recovery of unpaid fees
110. Enforcement costs where Sheriff does not perform function
111. Deposit on account of certain fees or expenses
112. Enforcement costs if enforcement of judgment does not proceed
113. Particulars of arrangement where enforcement by a property (seizure and sale) order is discontinued
114. Particulars of arrangement where enforcement by a property (seizure and delivery) order is discontinued
115. Transitional: Courts Legislation Amendment and Repeal Act 2004 section 148(1)
SCHEDULE 1 -- Court fees
SCHEDULE 2 -- Sheriff’s fees
SCHEDULE 3 -- Fees to be paid for anything done by the Marshal in Admiralty
SCHEDULE 4 -- Forms
Compilation table

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