Enforcement of Judgments Act 1991 (SA)

South Australia Enforcement of Judgments Act 1991 An Act to make provision for the enforcement of judgments; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Monetary judgments 3A Investigation notices 4 Investigation of judgment debtor's financial position 5 Order for payment of instalments etc 6 Garnishee orders 7 Seizure and sale of property 8 Charging orders 9 Appointment of receiver 10 Enforcement of monetary judgments in rem Part 3—Non-monetary judgments 11 Authority to take possession of property 12 Enforcement of judgments by proceedings in contempt 13 Execution of instruments by order of the court Part 4—Miscellaneous 14 Absconding debtors 15 Execution against unincorporated associations 16 Rights of purchaser of property sold in execution 17 Stay of execution 18 Exercise of powers 19 Rules of court Legislative history Appendix—Divisional penalties and expiation fees

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Enforcement of Judgments Act 1991. 3—Interpretation In this Act, unless the contrary intention appears— business debt means a debt incurred in the course of carrying on a business; court means— (a) the Supreme Court; or (b) the District Court; or (c) the Magistrates Court; judgment includes an order, declaration or decree; judgment debt includes the costs of enforcing the judgment under this Act; judgment creditor includes a person to whom the benefit of a monetary judgment has passed (by assignment or in any other way); judgment debtor includes any person against whom a monetary judgment is enforceable; land includes premises (including residential premises); monetary judgment means a judgment for the payment of a sum of money (whether or not the judgment provides for any other form of relief); sale of property includes conversion of the property into money by any appropriate means. Note— For definition of divisional penalties (and divisional expiation fees) see Appendix.