CIVIL JUDGMENTS ENFORCEMENT ACT 2004

Western Australian Current Acts

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CIVIL JUDGMENTS ENFORCEMENT ACT 2004

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
4. Term used: earnings
5. Judgments to which this Act applies
6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies
6. Crown bound
7. Common law writs etc. and rules, application of

PART 2 -- Interest on judgment sums

8. Interest on judgment sums

PART 3 -- Provisions applying to all judgments

Division 1 -- Procedural matters

9. Applying to a court under this Act
10. Costs of proceedings under this Act

Division 2 -- General

11. When judgments have effect
12. Limitation period for enforcement
13. Court’s leave to enforce needed in some cases
14. Partnerships, enforcement against

Division 3 -- Suspending the enforcement of judgments

15. Suspension order
16. Suspension order, effect of

PART 4 -- Enforcing monetary judgments

Division 1 -- General

17. Term used: enforcement order
18. Enforcement orders, applicability of
19. Enforcement orders, application for etc.
20. Enforcement and other orders, making of
21. Certain orders only available at or after means inquiry
22. More than one enforcement order, applications for
23. Multiple enforcement orders, effect of
24. Money recovered, judgment creditor’s duties as to
25. Excess money recovered, consequences

Division 2 -- Means inquiry

26. Means inquiry, nature of
27. Means inquiry, application for by judgment creditor
28. Means inquiry, application for by judgment debtor
29. Means inquiry, summons to attend
30. Means inquiry, conduct of
31. Orders at or after a means inquiry

Division 3 -- Orders for payment

32. Time for payment order
33. Instalment order

Division 4 -- Appropriating a judgment debtor’s earnings

34. Terms used
35. Earnings appropriation order
36. Earnings appropriation order, content and service of
37. Earnings appropriation order, effect of
38. Third person’s obligations
39. Third person entitled to expenses of obeying order
40. Third person may object to appropriation order
41. Objection to appropriation order, consequences of
42. Earnings appropriation order, failure to obey
43. Earnings appropriation order, effect of obeying
44. Employees, protection of

Division 5 -- Appropriating debts owed to a judgment debtor

45. Terms used
46. Available debt in relation to a judgment debtor
47. Workmen’s Wages Act 1898, application of
48. Available debts, provisions about
49. Debt appropriation order
50. Debt appropriation order, content and service of
51. Debt appropriation order, effect of
52. Third person’s obligations
53. Third person entitled to expenses of obeying order
54. Third person may object to appropriation order
55. Objection to appropriation order, consequences of
56. Debt appropriation order, failure to obey
57. Debt appropriation order, effect of obeying
58. Money in court due to a judgment debtor, appropriation of

Division 6 -- Seizing and selling a judgment debtor’s property

Subdivision 1 -- General

59. Property (seizure and sale) order
60. Property (seizure and sale) order, content and service of
61. Receipt of order to be recorded by sheriff
62. Property (seizure and sale) order, duration of
63. Determining a judgment debtor’s interest in property
64. Personal property to be sold in preference to real property
65. Only sufficient property to be sold
66. Seized property, sheriff to determine fair value of
67. Interests of others
68. Sale to be advertised
69. Place and manner of sale
70. Transfers of property sold, sheriff may sign
71. Purchasers of property sold, protection of
72. Proceeds of sale, how to be applied
73. Priority of orders, establishing

Subdivision 2 -- Seizing and selling personal property

74. Property (seizure and sale) order, effect of
75. Seizing personal property, powers enabling
76. Property that cannot be seized and sold
77. Seizure notice to be issued
78. Custody of seized property
79. Cheques etc., consequences of seizing

Subdivision 3 -- Seizing and selling real property

80. Property (seizure and sale) order, effect of
81. Power of entry
82. Judgment debtor may be permitted to sell or mortgage real property

Subdivision 4 -- Interpleader

83. Making a claim to property
84. Judgment creditor may admit or dispute claim

Division 7 -- Receivers and special remedies

85. Term used: available asset
86. Appointing a receiver, injunctions etc.
87. Receiver, appointment of etc.

Division 8 -- Disobeying time for payment orders and instalment orders

88. Summons to default inquiry, request for
89. Default inquiry, summons to attend
90. Default inquiry, nature of
91. Imprisonment for default, judgment creditor’s duties
92. Imprisonment for default, release from

Division 9 -- Miscellaneous

93. Judgments against objects

PART 5 -- Enforcing non-monetary judgments

Division 1 -- Judgments requiring property to be given up

94. Application of this Division
95. Property (seizure and delivery) order
96. Property (seizure and delivery) order, effect of

Division 2 -- Other non-monetary judgments

97. Application of this Division
98. Disobeying judgment is a contempt of court
99. Court may order act to be done at expense of obligated person

PART 6 -- Miscellaneous enforcement provisions

100. Personal property on land, powers to deal with
101. Signing of documents, court may order
102. Duration and renewal of orders and warrants
103. Amending and cancelling orders etc.
104. Directions, court may give
105. Irregular enforcement, courts’ powers as to

PART 7 -- Administrative matters

Division 1 -- Officers

106. Terms used
107. Bailiffs, appointment of
108. Assistant bailiffs, appointment of
109. Sheriff may delegate to bailiffs
110. Bailiffs’ functions
111. Protection from liability

Division 2 -- Provisions about the sheriff

112. Sheriff unable to act, court’s powers
113. Sheriff exempt from some fees
114. Sheriff entitled to access to some official records
115. Sheriff exempt from some licensing requirements

PART 8 -- Miscellaneous

116. Protection of person acting under sealed court order
117. Sheriff and bailiffs to carry out orders
118. Impersonating an officer, offence of
119. Regulations
120. Fees, regulations may prescribe
121. Rules of court
122. Validation of certain fees imposed
SCHEDULE 1 -- Provisions about available debts

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