Western Australian Current Acts

CIVIL JUDGMENTS ENFORCEMENT ACT 2004 - SECT 3

3 .         Terms used

                In this Act, unless the contrary intention appears —

        assistant bailiff means a person who holds an appointment under section 108 as an assistant bailiff;

        available debt has the meaning given by section 46;

        bailiff means a person who holds an appointment under section 107 as a bailiff;

        corporation has the meaning given by section 57A of the Corporations Act 2001 of the Commonwealth;

        court has a meaning affected by sections 5 and 9;

        debt appropriation order means an order made under section 49(2);

        default inquiry means an inquiry held under Part 4 Division 8;

        deputy sheriff means a deputy appointed by the sheriff under the Supreme Court Act 1935 section 158;

        dwelling means —

            (a)         a building, structure or tent, or a part of a building structure or tent, that is ordinarily used for human habitation; or

            (b)         a mobile home,

        and it does not matter that it is uninhabited from time to time;

        earnings has the meaning given by section 4;

        earnings appropriation order means an order made under section 35(2);

        enforcement costs , of a judgment, means —

            (a)         any fees, expenses, or other amounts, that are paid, ordered to be paid, or payable, under this Act or another written law in connection with enforcing the judgment; and

            (b)         any costs of taking, or in relation to, any proceedings under this Act to enforce the judgment that are ordered by a court to be paid by the person against whom the judgment is given;

        enforcement officer means the sheriff, a deputy sheriff, a bailiff, an assistant bailiff, or a person appointed under section 112;

        instalment order means an order made under section 33(2);

        interpleader proceedings means proceedings held under Part 4 Division 4;

        judgment means —

            (a)         a monetary judgment; or

            (b)         a judgment or an order of a court that requires or has the effect of requiring a person —

                  (i)         to give possession of any property to another person; or

                  (ii)         to do an act, to not do an act, or to cease doing an act;

        judgment creditor means a person who is entitled to the benefit of a monetary judgment, including a person to whom the benefit of a monetary judgment has passed (by assignment or any other way);

        judgment debt means the unpaid amount of any of the following —

            (a)         a judgment sum;

            (b)         interest on the judgment sum;

            (c)         enforcement costs of the judgment;

        judgment debtor means any person against whom a monetary judgment has been given or may be enforced;

        judgment sum means the amount of money ordered to be paid under a monetary judgment, whether or not the money is or includes costs or pre-judgment interest;

        means inquiry means an inquiry held under Part 4 Division 2;

        mobile home means a vehicle —

            (a)         that is ordinarily used for human habitation; and

            (b)         that is permanently or semi-permanently stationary in a single location;

        monetary judgment means a judgment or an order of a court that requires or has the effect of requiring a person to pay money, whether or not the judgment or order contains any other requirements;

        officer , of a corporation, has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth;

        partnership means a partnership within the meaning of the Partnership Act 1895 or an unincorporated company or association formed for the purposes of gain;

        personal property does not include any estate or interest in land;

        place means any land, building, structure, tent or vehicle, or any part of any land, building, structure, tent or vehicle;

        property (seizure and delivery) order means an order made under section 95(2);

        property (seizure and sale) order means an order made under section 59(2);

        real property includes a leasehold and any other estate or interest in land;

        record means any thing or process —

            (a)         upon or by which information is recorded or stored; or

            (b)         by means of which a meaning can be conveyed by any means in a visible or recoverable form,

        whether or not the use or assistance of some electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning;

        saleable interest , in real or personal property, has the meaning given by section 74(1) or 80(1), as the case requires;

        sheriff means the sheriff referred to in the Supreme Court Act 1935 section 156;

        suspension order means an order made under section 15(3) ;

        time for payment order means an order made under section 32(2);

        vehicle means any thing capable of transporting people or things by road, rail or water, including a hovercraft, and it does not matter how the thing is moved or propelled.