Restraint of Debtors Act 1984 (WA)

Western Australia Restraint of Debtors Act 1984 Western Australia Restraint of Debtors Act 1984 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 3. Interpretation 2 Part II — Absconding debtors 5. Application for warrant 5 6. Issue of warrant or summons 6 7. Warrant where default on summons anticipated 6 8. Transmission of warrant or summons to court 7 9. Service of summons 7 10. Appearance upon summons may be avoided 7 11. Execution of warrant 8 12. Arrested debtor brought before court 9 13. Release of arrested debtor 9 14. Preliminary hearing 10 15. Failure to appear upon summons 11 16. Failure to comply with conditions 11 Part III — Restraint on transfer or removal of property 17. Application for restraining order 13 18. Hearing of application 14 19. Making of restraining order 14 Part IV — Consent jurisdiction 20. Determination of claim 15 Part V — Review 21. Application for review 16 22. Review 16 23. Further proceedings restrained 17 24. Appeals under other Acts excluded 18 Part VI — Miscellaneous 25. Protection 19 26. Improper applications 19 27. Special civil remedy 20 28. Procedure 20 29. Savings 21 30. Regulations 21 Notes Compilation table 22 Defined terms Western Australia Restraint of Debtors Act 1984 An Act to make provision for and in respect of the protection of creditors in certain circumstances and to repeal the Absconding Debtors Act 1877 2.

Part I — Preliminary

1. Short title This Act may be cited as the Restraint of Debtors Act 1984 1.

2. Commencement This Act shall come into operation on a day to be fixed by proclamation 1.

3. Interpretation (1) In this Act, unless the contrary intention appears — applicant means a person applying for an order or warrant under this Act; debt means any sum of money, whether liquidated or not and whether pursuant to an order or judgment or otherwise, that is due and legally recoverable in the State or for which a person has a cause of action in the State, and indebted has a corresponding meaning; debtor means — (a) in relation to proceedings under Part II, a natural person who an applicant alleges is indebted to the applicant; and (b) in relation to proceedings under Part III, a person, whether a natural person or a body corporate, who or which an applicant alleges is indebted to the applicant; judicial officer means — (a) in relation to the Supreme Court, a Judge, a Master, the Principal Registrar, or a Registrar of the Supreme Court duly appointed under the Supreme Court Act 1935 or a duly appointed acting Judge, auxiliary Judge, acting Master, acting Principal Registrar, or acting or Deputy Registrar of the Supreme Court; (b) in relation to the District Court, a Judge, acting Judge or auxiliary Judge of that court or — (i) where that court sits at Perth, the Registrar of that court; (ii) where that court sits at any place other than Perth, the Deputy Registrar of that court sitting at that other place; property means real or personal property and includes any legal or equitable interest in such property. (2) A reference in this Act to the transfer of property includes a reference to the sale, or the assignment otherwise than for valuable consideration, of that property. (3) For the purposes of Part II, a person or a court, as the case may be, is satisfied as to all material matters in relation to an application concerning a debtor if he or it is satisfied that there are reasonable grounds for believing that — (a) the debtor is indebted to the applicant; (b) the debtor is about to leave the State; (c) the absence of the debtor from the State would defeat, endanger, or materially prejudice the prosecution of the claimant's cause of action or the prospects of enforcing a judgment; (d) the alleged debt is for an amount not less than $500 or such greater amount as may be prescribed; and (e) the application has been made within a reasonable time after the circumstances relied on as evidence of the debtor's intention to leave the State came to the knowledge of the applicant. (4) For the purposes of Part III, a court is satisfied as to all material matters in relation to an application concerning a debtor if it is satisfied that there are reasonable grounds for believing that — (a) the debtor is indebted to the applicant; (b) the debtor has property situated in the State; (c) property of the debtor is about to be — (i) transferred; or (ii) removed from the State; (d) transfer of, or removal from the State of, the property would defeat, endanger, or materially prejudice the prosecution of the claimant's cause of action or the prospects of enforcing a judgment; (e) the alleged debt is for an amount that is not less than $500 or such greater amount as may be prescribed; and (f) the application has been made within a reasonable time after the circumstances relied on as evidence of the impending transfer or removal from the State of property came to the knowledge of the applicant. [Section 3 amended: No. 23 of 1997 s. 18.] [4. Deleted: No. 28 of 2003 s. 126(2).]