Division 1(cf Act No 9 1973, section 99; Act No 11 1970, section 49)
In this Part:chargee means the person to whom a charging order is addressed.
charging order means an order referred to in section 106 (1) (c).
financial institution means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth.
garnishee means the person to whom a garnishee order is addressed.
garnishee order means an order referred to in section 106 (1) (b).
goods means chattels, other than chattels real.
instalment order means an order referred to in section 107 (1).
order for examination means an order referred to in section 108 (1).
wage or salary includes:
(a) earnings that, although not payable under a contract of employment, are analogous to or in the nature of wage or salary, and(b) earnings of a share farmer or share worker.writ for the levy of property means a writ referred to in section 106 (1) (a).
writ of delivery means a writ referred to in section 105.
writ of execution means a writ of delivery, writ for the levy of property or writ of possession.
writ of possession means a writ referred to in section 104.
Note. Other words and expressions (for example, land and property) are defined in the Interpretation Act 1987.
103 Enforcement of judgments generally
Subject to this Part, the procedure for enforcing a judgment or order of the court is to be as prescribed by rules of court.
104 Judgments for possession of land
(1) A judgment for the possession of land may be enforced by a writ of possession.(2) Execution of a writ of possession does not require any goods to be removed from the land.
105 Judgments for delivery of goods
A judgment or order for the delivery of goods may be enforced by a writ of delivery.
106 Judgments for payment of money
(cf Act No 9 1973, section 109; Act No 8 1901, sections 4 and 5)
(1) A judgment debt may be enforced by means of any one or more of the following:(a) a writ for the levy of property,(b) a garnishee order,(c) in the case of a judgment of the Supreme Court or the District Court, a charging order.(2) Subject to the uniform rules, a writ for the levy of property is sufficient authority for the Sheriff:(a) to seize and to sell goods of or to which the judgment debtor is or may be possessed or entitled or which the judgment debtor may, at law or in equity, assign or dispose of, and(b) to seize money belonging to the judgment debtor, and(c) to seize and to realise cheques, bills of exchange, promissory notes, bonds, specialties or other securities for money belonging to the judgment debtor, and(d) to enter into possession of, and to sell, land of or to which the judgment debtor is seized or entitled, or which the judgment debtor may, at law or in equity, assign or dispose of, and(e) to take and to sell choses in action or equitable interests in goods or land held by the judgment debtor.(3) The power conferred on the Sheriff by subsection (2) (a) may not be exercised in relation to:(a) any clothing, or(b) any bedroom or kitchen furniture, or(c) any tools of trade (including vehicles, plant, equipment and reference books) not exceeding, in aggregate value, the sum prescribed by the uniform rules,if the clothing, furniture or tools are used by the judgment debtor or by any member of his or her family.(4) For the purposes of subsection (2) (d), the Sheriff is taken to have entered into possession of land when notice of the proposed sale of the land is published in accordance with the uniform rules.(5) The power conferred on the Sheriff by subsection (2) (d) may not be exercised in relation to land if the amount outstanding under the judgment is less than the jurisdictional limit of the Local Court when sitting in its Small Claims Division.(6) A garnishee order or charging order addressed to the Crown binds the Crown as garnishee or chargee, as the case requires.Note. Divisions 2, 3 and 4, respectively, apply to the enforcement of writs for the levy of property, garnishee orders and charging orders.
107 Deferred payment and payment by instalments
(1) A court in which judgment has been entered may, subject to and in accordance with the uniform rules, make an order allowing for:(a) payment of the judgment debt within such time as is specified in the order, or(b) payment of the judgment debt by instalments, payable in such amounts and at such times as are specified in the order.Note. Such an order may be varied or rescinded pursuant to section 43 (2) of the Interpretation Act 1987. The circumstances in which such an order may be varied or rescinded, and the procedure for varying or rescinding such an order, may be dealt with by the uniform rules.(2) Subject to section 119, execution of a judgment for the payment of money is stayed while the judgment is the subject of an order in force under this section.(3) (Repealed)
(cf Act No 9 1973, section 91; Act No 11 1970, section 41; SCR Part 43, rule 1)
(1) The court may, subject to and in accordance with the uniform rules, make an order requiring a person bound by a judgment or order:(a) to attend the court to be orally examined as to any material question, or(b) to produce any document or thing that is in his or her possession and that relates to a material question.(2) An order under this section with respect to a person that is a corporation:(a) may be addressed to any officer or former officer of the corporation, and(b) binds any such officer or former officer as if he or she were the person bound by the judgment or order.(3) Without limiting subsection (1), the uniform rules may require the judgment creditor under a judgment debt to have attempted to obtain information as to the judgment debtor’s financial circumstances (whether by means of a notice requiring the judgment debtor to supply such information or otherwise) before the judgment creditor may apply for an order under this section.(4) (Repealed)(5) For the purposes of this section, the material questions in relation to a judgment or order are:(a) to the extent to which it requires the person bound by it to pay money:(i) questions as to whether any and, if so, what debts are owing to that person, and(ii) questions as to whether that person has any and, if so, what other property or other means of satisfying the judgment or order, and(b) to the extent to which it does not require the person bound by it to pay money, such questions concerning or in aid of the enforcement or satisfaction of the judgment or order as may be specified in the order under this section.