In the dynamic legal landscape of Western Australia, the Civil Judgments Enforcement Act of 2004 introduces a structured process for the enforcement of civil judgments, manifested through instruments like the Form 6 – an essential document for those seeking judicial intervention to enforce a judgment. This application or request to a court embodies the complexities and nuances of civil enforcement, guiding applicants through various enforcement actions ranging from property seizures to debt appropriation orders. Tailored to address distinct circumstances, the form delineates specific sections for detailed information regarding the judgment debtor or obligated person, the nature of the application, and the requisite enforcement order sought by the applicant. Whether it's instigating a Means Inquiry, applying for a Property (Seizure and Sale) Order, executing a Debt Appropriation Order, or any other enforcement-related action, Form 6 serves as a comprehensive gateway. Further enriching its utility, it includes provisions for the calculation of interest on judgments, adjustments for payments already made, and a summary of the total judgment debt, emphasizing its role in facilitating transparency and precision in the enforcement process. The form, updated to version 4 as of 21 October 2008, encapsulates a meticulous approach to ensuring judgments are effectively enforced, reflecting the legal system's commitment to upholding justice and accountability through procedural rigor.
| Question | Answer |
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| Form Name | Western Australia Form 6 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | debtor, form 6 application or request to a court, s8, Appropriation |
WESTERN AUSTRALIA
Civil Judgments Enforcement Act 2004
Part 3 Division 1
FORM 6 – APPLICATION OR REQUEST TO A COURT
COURT
LOCATION:
Court ref number:
Judgment creditor or applicant
Name:
Judgment debtor or obligated person
Name:
To: The Registrar
The judgment creditor makes application for the following:
Tick [ ] appropriate box and add information in the numbered boxes as required.
Type of application
or request being
made
Means Inquiry (complete following sections 1, 2, 8 and 9 below)
Property (Seizure and Sale) Order (complete following sections 1, 4, 8 and 9) Property (Seizure and Delivery) Order (complete following sections 1 and 5) Debt Appropriation Order (complete following sections 1, 6, 8 and 9)
Default Inquiry (complete following sections 1, 7, 8 and 9)
Order after a Means Inquiry (complete following sections 1, 3, 8 and 9) Warrant for Arrest (complete following sections 1, 8 and 9)
Warrant for Arrest and Imprisonment on Default on Suspended Imprisonment Order
(complete following sections 1, 8 and 9) |
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Section 1
Person subject to
this application
Judgment debtor
Officer of a corporation/partnership Former officer of a corporation/partnership Other person
Name of person:
Address:
Section 2
Means inquiry
s 27
To attend and give verbal evidence
To attend and produce to the court for use in the inquiry the following record or thing: ……….
Section 3
Application for an enforcement order after a means inquiry ss 32,33,35
The judgment creditor applies for the following order:
Time for Payment Order;
Instalment Order; or
Earnings Appropriation Order, as a consequence of the instalment order made on / /20 , being disobeyed and cancelled by the court on / /20
Section 4
Property (seizure
and sale) order
s 59
Personal property located or may be found at:
Real property, the land sought to be affected by the Property (Seizure and Sale) Order is all
that piece of land being: |
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on Certificate of Title volume |
Folio |
standing in the register book in the |
name/s of |
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(occupation). |
As to the interest of |
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the land is situated at |
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PTO
Section 5
Property (seizure and delivery) order s 95
Property ordered to be seized and delivered:
The respondent has failed to deliver the above property as ordered. Additional description of improvements to real property:
Additional description of personal property:
Section 6
Debt appropriation
order s 49
Name of third person
Address
Details of available debt:
The affidavit in support is attached
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Details of default: |
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The judgment debtor has disobeyed the Time for Payment Order made on the |
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Section 7 |
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day of |
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20 |
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The judgment debtor has on two (2) or more occasions not paid an instalment in respect of |
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Default inquiry |
an instalment order made on the |
day of |
20 |
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s 88 |
To attend and give oral evidence |
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To attend and produce to the court for use in the inquiry the following record or thing: |
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Section 8 |
Interest payable at |
% pa, on $ |
being a daily rate of $ |
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from |
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/20 |
until final payment. |
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Interest on |
(If any payments have been made since the date of judgment, a schedule of payments |
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and interest calculated on reducing balance must be attached.) |
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judgements |
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I do not wish to claim part of the interest (give details). |
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s 8 |
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I do not wish to claim any interest (waived claim). |
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Judgment sum |
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$ |
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Section 9 |
Less paid/credit amount |
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$ |
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Balance of judgment sum |
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$ |
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Amount owed |
Add interest |
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$ |
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Previous enforcement costs |
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$ |
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Sub total |
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$ |
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Application fee |
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Section 10 |
Sheriff’s fees/claimant service fees |
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$ |
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Travelling fee |
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$ |
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Enforcement costs |
Poundage for Property (Seizure and Delivery) Order |
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$ |
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Lawyer’s costs |
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$ |
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Total judgment debt |
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$ |
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I certify that where previous enforcement costs have been claimed, they have been properly incurred. No other order is in effect.
Signature of applicant/or lawyer: |
Date: |
Address for service
Residential or principal place of business or registered office address: …
Contact details
Telephone:
Lawyer’s ref:
Fax:
E mail:
OFFICE USE ONLY |
Hearing date: |
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Date filed: |
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Time: |
Day: |
Date: |
20 |
Time: |
am/pm |
am/pm |
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Form 6 Version 4 21 October 2008