Western Australian Current Acts

CIVIL JUDGMENTS ENFORCEMENT ACT 2004 - SECT 63

63 .         Determining a judgment debtor’s interest in property

        (1)         In this section —

        interest , in any property, means any security, charge or lien over, claim on, or right to, the property or any other legal or equitable interest in the property;

        public authority means a public sector body (within the meaning of the Public Sector Management Act 1994 section 3(1)), a local government, regional local government or regional subsidiary.

        (2)         The powers in this section may only be exercised by the sheriff after receiving a property (seizure and sale) order and for the purpose of determining whether and to what extent a judgment debtor has any saleable interest in any personal or real property that might be sold under the order.

        (3)         The sheriff, in writing, may request any person, other than the judgment debtor, who the sheriff believes on reasonable grounds has or may have an interest in any such property to disclose to the sheriff —

            (a)         the nature of the interest; and

            (b)         if the interest is a security over the property —

                  (i)         the amount secured against the property; and

                  (ii)         the amount outstanding under the security; and

                  (iii)         the amount and rate of interest accruing; and

                  (iv)         any change that occurs to the terms of the security;

                and

            (c)         the amount of money that is owed to the person in relation to the property; and

            (d)         any other information the sheriff considers is or may be relevant to determining the matters in subsection (2).

        (4)         The sheriff, in writing, may request a public authority to disclose to the sheriff the amount of any rates, taxes, service charges, or other amounts, that are due and unpaid in respect of any such real property.

        (5)         A person, other than a public authority, who contravenes a request made under subsection (3) is guilty of a contempt of the court that issued the property (seizure and sale) order.

        (6)         The sheriff may disclose any information about any property that has been obtained by the sheriff to any potential purchaser of the judgment debtor’s interest in the property.

        [Section 63 amended: No. 26 of 2016 s. 39.]