Western Australian Current Regulations

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