Victorian Numbered Regulations Victorian Numbered Regulations(1) A warrant of execution is issued when the warrant is sealed with the seal of the Court.
(2) A warrant of execution shall bear the date of its issue.
(3) A warrant of execution shall not be issued unless the person requesting it to be issued—
(a) produces to the Prothonotary a form of the warrant;
(b) files a copy;
(c) where the warrant is to enforce a judgment for the payment of money, files an affidavit, sworn within 14 days before the request, stating—
(i) the date of the judgment;
(ii) the amount for which judgment was entered or given;
(iii) the amount, including any interest accrued and any costs, due and payable in respect of the judgment at the date of swearing of the affidavit with particulars showing how that amount is calculated or made up; and
(iv) the daily amount of interest, if any, which, subject to any future payment under the judgment, will accrue after the date of swearing of the affidavit in respect of the judgment amount and costs.
(3.1) For the purposes of section 52(2) of the Transfer of Land Act 1958 , if the person requesting the issue of a warrant of seizure and sale satisfies the Prothonotary, by evidence on affidavit, that the judgment debtor is the registered proprietor of land referred to in a folio or folios of the Register kept under that Act, then the warrant of seizure and sale shall include a statement to the effect that that land is affected by the warrant.
Note
See Rule 69.04(3) as to sale of land under a warrant of seizure and sale.
(4) In the case of a warrant of execution to enforce a judgment for the payment of money, the person to whom the warrant is directed shall, when executing the warrant, serve a copy of the affidavit required under paragraph (3)(c) and of any affidavit filed under Rule 10.03 of Chapter II on the person against whom the warrant is executed or leave it at the place where the warrant is executed.