CIVIL JUDGMENTS ENFORCEMENT REGULATIONS 2005
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 Act section 9(1)(b) 6. Costs against judgment creditor 7. Leave to enforce judgment 8. Conditional judgment 9. Suspension order PART 4 -- Enforcement of monetary judgments Division 1 -- General 10. Review of amount of judgment debt sought to be recovered 11. Error in calculation of amount of judgment debt 12. Application by judgment creditor under 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 inquiry 17. Statement of financial affairs 18. Warrant: Act section 29(4) 19A. Requests for court to examine judgment debtor 19. Service of summons: Act section 31(3) 20. Review of amount of judgment debt sought to be recovered 21. Notice of certain orders Division 3 -- Earnings appropriation order 22. Service of earnings appropriation order 23. Service of notice under Act section 37(4) 24. Expenses of obeying earnings appropriation order 25. Service of objection to 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 Act section 51(7) 31. Expenses of obeying a debt appropriation order: Act section 53(1) 32. Service of objection to 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 property (seizure and sale) order 36. Separate property (seizure and sale) order for costs 37. Other information to be included in property (seizure and sale) order 38. Service of property (seizure and sale) order on Sheriff 39. Notice of application under 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 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: Act section 89(1) 65. Warrant: 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 legal practitioner 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 document on individual 89. Service of document on partnership 90. Service of document on corporation 91. Service of a document on 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 95A. Terms used 95B. Warrants issued electronically 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 chief executive officer PART 8 -- Enforcement costs 104. Terms used 105. General fees 106. Fees to be paid in advance 107A. To whom fees must be paid 107B. Fees for small businesses and non‑profit associations 107C. Who is an eligible individual or eligible entity 107D. Application to be recognised as eligible individual or eligible entity 107E. Recognition as eligible individual or eligible entity 107F. Revocation of directions for providing false or misleading information 107G. Refunds 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 property (seizure and sale) order is discontinued 114. Particulars of arrangement where enforcement by 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