Victorian Current Acts

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MAGISTRATES' COURT ACT 1989 - SECT 112

Certificate for Supreme Court

    (1)     If—

        (a)     an order is made by the Court in a civil proceeding for the payment of money; and

        (b)     a warrant to seize property has been returned unsatisfied in whole or in part—

a registrar must, on the application of the person entitled to enforce the order, give that person a certificate of the order and of the amount remaining unpaid under the order and record the fact of the giving of the certificate in the register of the Court.

    (2)     A person who is given a certificate under subsection (1) may file the certificate in the Supreme Court and, on the filing of the certificate, judgment is deemed to have been entered in the Supreme Court for the sum mentioned in the certificate as being unpaid together with all fees paid for obtaining and filing the certificate and the prescribed amount for costs.

    (3)     After the issue of a certificate under subsection (1) no further proceedings (other than proceedings under the Judgment Debt Recovery Act 1984 ) must be taken in the Magistrates' Court but, on the filing of the certificate in the Supreme Court, the judgment deemed to have been entered may be enforced by the same means as any other judgment entered in the Supreme Court, including enforcement under the Foreign Judgments Act 1962 .



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