Civil Judgments Enforcement Regulations 2005 (WA)

Western Australia Civil Judgments Enforcement Act 2004 Civil Judgments Enforcement Regulations 2005 Western Australia Civil Judgments Enforcement Regulations 2005 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 Part 2 — Interest on judgment debts 4. Interest on unpaid amount of judgment sum 1 Part 3 — Provisions applying to all judgments 5. Application by one party under Act section 9(1)(b) 1 6. Costs against judgment creditor 1 7. Leave to enforce judgment 1 8. Conditional judgment 1 9. Suspension order 1 Part 4 — Enforcement of monetary judgments Division 1 — General 10. Review of amount of judgment debt sought to be recovered 1 11. Error in calculation of amount of judgment debt 1 12. Application by judgment creditor under Act section 22(1) 1 13. Accounts: Act section 24(2) 1 Division 2 — Means inquiry 14. Location of means inquiry 1 15. Issue and service of summons to attend means inquiry 1 16. Production before inquiry 1 17. Statement of financial affairs 1 18. Warrant: Act section 29(4) 1 19A. Requests for court to examine judgment debtor 1 19. Service of summons: Act section 31(3) 1 20. Review of amount of judgment debt sought to be recovered 1 21. Notice of certain orders 1 Division 3 — Earnings appropriation order 22. Service of earnings appropriation order 1 23. Service of notice under Act section 37(4) 1 24. Expenses of obeying earnings appropriation order 1 25. Service of objection to earnings appropriation order 1 26. Notice to court of allowance of objection by judgment creditor 1 27. Objection to earnings appropriation order 1 Division 4 — Debt appropriation order 28. Application 1 29. Service of debt appropriation order 1 30. Service of notice under Act section 51(7) 1 31. Expenses of obeying a debt appropriation order: Act section 53(1) 1 32. Service of objection to debt appropriation order 1 33. Notice to court of allowance of objection by judgment creditor 1 34. Objection to debt appropriation order 1 Division 5 — Property (seizure and sale) order 35. Property that cannot be seized and sold under property (seizure and sale) order 1 36. Separate property (seizure and sale) order for costs 1 37. Other information to be included in property (seizure and sale) order 1 38. Service of property (seizure and sale) order on Sheriff 1 39. Notice of application under Act section 69(2) 1 40. Seizure notice, further information 1 41. Certain notices to judgment debtor and Sheriff 1 42. Mode of sale 1 43. Priority of orders, establishing by ballot 1 44. Procedure for conducting ballot 1 45. Account of sale under property (seizure and sale) order 1 Division 6 — Interpleader 46. Notice of claim 1 47. Notice by Sheriff to judgment creditor 1 48. Admitting claim 1 49. Application by Sheriff 1 50. Location of interpleader proceedings 1 51. Interpleader proceedings 1 52. Power to delay sale 1 53. Other information as to claim 1 Division 7 — Receivers and special remedies 54. Application 1 55. Form of order 1 56. Receiver's security 1 57. Accounts 1 58. Payment of balances by receiver 1 59. Default by receiver 1 60. Accounts to be deposited 1 61. Sheriff may be appointed as receiver 1 Division 8 — Disobeying time for payment orders and instalment orders 62. Location of default inquiry 1 63. Notice to judgment creditor 1 64. Default inquiry summons: Act section 89(1) 1 65. Warrant: Act section 89(4) 1 66. Proof of non‑compliance 1 67. Judgment creditor's advice 1 68. Notice of arrest of person 1 69. Advice that judgment debtor should be released 1 70. Judgment creditor's request that person be released 1 71. Superintendent to be advised of judgment debt outstanding 1 72. Notice of release of person 1 Part 5 — Miscellaneous enforcement provisions 73. More than one enforcement order 1 74. Application for renewal of order or warrant 1 75. Amending or cancelling orders 1 76. Suspension of enforcement 1 77. Return to enforcement order 1 Part 6 — Service Division 1 — General 78. Personal service: how effected 1 79. Ordinary service: how effected 1 80. Address for service 1 80A. Applications and requests to specify address for service 1 81. Acceptance by legal practitioner or agent 1 82. Apparently ineffective service 1 83. Substituted service 1 84. Documents served by enforcement officer 1 85. Documents served by other persons 1 86. Court may inquire into service 1 87. Time of service 1 Division 2 — Personal service 88. Service of document on individual 1 89. Service of document on partnership 1 90. Service of document on corporation 1 91. Service of a document on public authority 1 Division 3 — Ordinary service 92. Ordinary service 1 Division 4 — Service by email or fax 93. Email and fax address for service 1 94. Service of documents by email 1 95. Service of documents by fax 1 Part 7 — Miscellaneous 95A. Terms used 1 95B. Warrants issued electronically 1 96. Warrants, effect of and procedure on 1 97. Register 1 98. Bailiff to keep records 1 99. Other duties of bailiff 1 100. Extension or abridgment of time 1 101. False or misleading information 1 102. Seal 1 103. Approval of forms by chief executive officer 1 Part 8 — Enforcement costs 104. Terms used 1 105. General fees 1 106. Fees to be paid in advance 1 107A. To whom fees must be paid 1 107B. Fees for small businesses and non‑profit associations 1 107C. Who is an eligible individual or eligible entity 1 107D. Application to be recognised as eligible individual or eligible entity 1 107E. Recognition as eligible individual or eligible entity 1 107F. Revocation of directions for providing false or misleading information 1 107G. Refunds 1 108. Resolution of disputes as to enforcement costs 1 109. Recovery of unpaid fees 1 110. Enforcement costs where Sheriff does not perform function 1 111. Deposit on account of certain fees or expenses 1 112. Enforcement costs if enforcement of judgment does not proceed 1 113. Particulars of arrangement where enforcement by property (seizure and sale) order is discontinued 1 114. Particulars of arrangement where enforcement by property (seizure and delivery) order is discontinued 1 115. Transitional: Courts Legislation Amendment and Repeal Act 2004 section 148(1) 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 1. Warrant: the Act section 29(4) or 89(4) 1 2. Undertaking to appear: regulation 96 1 3. Declaration that a person is a small business or a non‑profit association 1 4. Application to reduce fee 1 5. Application for determination of dispute about enforcement costs 1 Notes Compilation table 1 Other notes 1 Defined terms Civil Judgments Enforcement Act 2004 Civil Judgments Enforcement Regulations 2005