CIVIL JUDGMENTS ENFORCEMENT REGULATIONS 2005

Western Australian Current Regulations

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CIVIL JUDGMENTS ENFORCEMENT REGULATIONS 2005 - SCHEDULE 3

[r. 105]

[Heading inserted: SL 2024/113 r. 8.]

Item

Matter

Fee

1.

For receiving and entering a warrant or release

$179.00

2.

For receiving and entering a writ of summons, decree, order, commission or other instrument under the seal of the Supreme Court

$71.50

3.

For service of a writ of summons

$169.50

4.

For executing a warrant for the arrest of a ship or other property

$421.00

5.

For service of a writ of summons at the same time as a warrant of arrest is executed, in lieu of items 3 and 4

$513.00

6.

For the execution of an attachment — for each person

$169.50

7.

For the release from arrest of a vessel, goods or a person

$107.50

8.

For attending the discharge of cargo, or removal of a vessel or goods, per hour

$107.50

9.

For the execution of a commission of appraisement or sale, or appraisement and sale, in addition to the fees paid to the appraiser or auctioneer

$362.00

10.

For the execution of a decree or order, commission or other instrument other than those provided for in another item of this Schedule

$169.50

11.

Commission on the gross proceeds of a vessel or goods sold —

(a) for amounts up to and including $63 000

A fee at the rate of 4.00%

(b) for the balance over $63 000

A fee at the rate of 2.00%

12.

(a) For retaining possession of a vessel with or without cargo, or of cargo without a vessel, the expenses per day actually paid in respect of a shipkeeper or shipkeepers

The reasonable amount paid

(b) For each day or part of a day that the Marshal retains possession of a vessel with or without cargo, or of cargo without a vessel, in addition to paragraph (a)

$107.00

(c) For the safe custody of property under arrest

The reasonable amount paid

Notes for this item:

1. For the purposes of paragraph (b), if the possession is for a lengthy period, this fee may be reduced at the discretion of the Marshal.

2. For the purposes of paragraph (c), no fee is payable for the custody and possession of property under arrest if —

(a) it consists of money in a bank; or

(b) it consists of goods stored in a bonded warehouse; or

(c) it is in the custody of a customs house officer, or other authorised person.

13.

If the Marshal or any of the Marshal’s officers is required to travel for the purpose of discharging their duty — in addition to the above fees

Reasonable expenses incurred for travelling, board and maintenance

14.

If the Marshal or other person employed under the Marshal is necessarily put to and incurs extra effort and expense in the discharge of a function incidental to their office or employment or for the performance of a function not otherwise provided for in this Schedule

A reasonable amount or reasonable additional amount approved by the Marshal

Item	Matter	Fee
1.	For receiving and entering a warrant or release	$179.00
2.	For receiving and entering a writ of summons, decree, order, commission or other instrument under the seal of the Supreme Court	$71.50
3.	For service of a writ of summons	$169.50
4.	For executing a warrant for the arrest of a ship or other property	$421.00
5.	For service of a writ of summons at the same time as a warrant of arrest is executed, in lieu of items 3 and 4	$513.00
6.	For the execution of an attachment — for each person	$169.50
7.	For the release from arrest of a vessel, goods or a person	$107.50
8.	For attending the discharge of cargo, or removal of a vessel or goods, per hour	$107.50
9.	For the execution of a commission of appraisement or sale, or appraisement and sale, in addition to the fees paid to the appraiser or auctioneer	$362.00
10.	For the execution of a decree or order, commission or other instrument other than those provided for in another item of this Schedule	$169.50
11.	Commission on the gross proceeds of a vessel or goods sold —
	(a) for amounts up to and including $63 000	A fee at the rate of 4.00%
	(b) for the balance over $63 000	A fee at the rate of 2.00%
12.	(a) For retaining possession of a vessel with or without cargo, or of cargo without a vessel, the expenses per day actually paid in respect of a shipkeeper or shipkeepers	The reasonable amount paid
	(b) For each day or part of a day that the Marshal retains possession of a vessel with or without cargo, or of cargo without a vessel, in addition to paragraph (a)	$107.00
	(c) For the safe custody of property under arrest	The reasonable amount paid
	Notes for this item: 1. For the purposes of paragraph (b), if the possession is for a lengthy period, this fee may be reduced at the discretion of the Marshal. 2. For the purposes of paragraph (c), no fee is payable for the custody and possession of property under arrest if — (a) it consists of money in a bank; or (b) it consists of goods stored in a bonded warehouse; or (c) it is in the custody of a customs house officer, or other authorised person.
13.	If the Marshal or any of the Marshal’s officers is required to travel for the purpose of discharging their duty — in addition to the above fees	Reasonable expenses incurred for travelling, board and maintenance
14.	If the Marshal or other person employed under the Marshal is necessarily put to and incurs extra effort and expense in the discharge of a function incidental to their office or employment or for the performance of a function not otherwise provided for in this Schedule	A reasonable amount or reasonable additional amount approved by the Marshal

[Schedule 3 inserted: SL 2024/113 r. 8.]

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