Division 5 Miscellaneous

129   No arrest on mesne process

(cf Act No 52 1970, section 10)

(1)  No person is to be arrested on mesne process issued by the court.

(2)  This section does not affect any power of arrest exercisable pursuant to an arrest warrant issued under this or any other Act.

130   Judgments not enforceable by certain means

(cf Act No 52 1970, section 98)

A judgment or order is not enforceable against a person:

(a)  by any process for attachment of the person, or

(b)  by any process for committal of the person, or

(c)  by any writ of capias ad satisfaciendum.

131   Committal for contempt

Nothing in this Act or the uniform rules limits or otherwise affects the power of the court to attach or commit a person for contempt.

132   Sheriff may appoint custodian for goods

(cf Act No 9 1973, section 109 (9))

(1)  After seizing a judgment debtor’s goods pursuant to a writ of delivery or writ for the levy of property, the Sheriff, by notice in writing served on:

(a)  the judgment debtor, or

(b)  any other person who has the custody of the goods,

      may appoint the judgment debtor or other person as custodian of the goods pending their delivery or sale under the writ.

(2)  A custodian so appointed, and any other person aware that a custodian is so appointed, must not:

(a)  sell, give or otherwise deal with the goods, or

(b)  damage or destroy the goods, or

(c)  hide or remove the goods, or

(d)  cause, permit or allow the goods to be sold, given or otherwise dealt with, damaged or destroyed or hidden or removed,

      otherwise than with the leave of the court or the written consent of the Sheriff.

Maximum penalty: 50 penalty units.

(3)  Prosecution of a person for an offence under subsection (2) does not prevent any other proceedings from being taken against the person in respect of an alleged failure to comply with a duty arising from the person’s appointment as a custodian of goods.

133   Judgments and orders unenforceable until entered

(1)  A judgment or order of the court may not be enforced until it has been entered in accordance with the uniform rules.

(2)  This section extends to:

(a)  any judgment, order, determination or decree of a court, and

(b)  any adjudication or award of a person having authority to make an adjudication or award,

      that may be filed or registered in the court, or of which a certificate may be filed or registered in the court, under any other Act or law.

(3)  In subsection (2), law includes:

(a)  a law of the Commonwealth, and

(b)  a law of another State or Territory, and

(c)  in relation to the Supreme Court, a law of a foreign country.

134   Stale judgments and orders enforceable only by leave

(cf Act No 9 1973, section 84A)

(1)  An application by a judgment creditor for:

(a)  a writ of execution, or

(b)  a garnishee order, or

(c)  a charging order, or

(d)  an order for examination,

      may not be made, except by leave of the court, if the prescribed period has elapsed since the judgment was given or (in the case of a judgment, order or decree referred to in section 133 (2)) was registered as referred to in section 133 (2).

(2)  In this section, prescribed period means 12 years or, if the uniform rules prescribe a different period, the period so prescribed.

135   Directions as to enforcement

(1)  The court may, by order, give directions with respect to the enforcement of its judgments and orders.

(2)  Without limiting subsection (1), the court may make any of the following orders:

(a)  an order authorising the Sheriff to enter premises for the purpose of taking possession of goods under a writ of execution,

(b)  an order prohibiting the Sheriff from taking any further action on a writ,

(c)  an order prohibiting any other person from taking any further action, either permanently or until a specified day, to enforce a judgment or order of the court,

(d)  an order requiring the Registrar-General to cancel any recording of a writ for the levy of property that, under section 105 of the Real Property Act 1900, has been made in the Register under that Act, either generally or in relation to specified land.

136   Appropriation of payments towards judgment debt

Unless the court otherwise orders, any payment made on account of a judgment debt is to be appropriated:

(a)  firstly, towards such part of the judgment debt as comprises interest payable under section 101, and

(b)  secondly, towards the balance of the judgment debt.

137   Execution of judgments and orders for costs

(1)  A judgment may be enforced in relation to costs separately from its enforcement in relation to matters other than costs.

(2)  Unless the court otherwise orders, the costs recoverable under a writ of execution, garnishee order or charging order include:

(a)  costs in relation to any prior writ of execution, garnishee order or charging order in relation to the same judgment, whether or not the prior writ or order was productive, and

(b)  money recoverable under section 107 (1) of the Service and Execution of Process Act 1992 of the Commonwealth.

138   Other methods of enforcing judgments

(1)  Nothing in this Part limits the manner in which a judgment or order of the court may be enforced apart from this Act.

(2)  Without limiting subsection (1), nothing in this Part prevents the court:

(a)  from issuing consecutive writs for the levy of property against the same judgment debtor, or making consecutive garnishee orders or consecutive charging orders in respect of the same judgment debtor, in respect of the same judgment debt, or

(b)  from making concurrent garnishee orders against different garnishees, or consecutive garnishee orders against the same garnishee, in respect of the same judgment debt.