Civil Judgments Enforcement Amendment Regulations 2016 (WA)
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Amendment Regulations 2016.
JUSTICE
JU:301
Civil Judgments Enforcement Act 2004
Civil Judgments Enforcement Amendment
Regulations 2016
Made by the Governor in Executive Council.
1. Citation
These regulations are the Civil Judgments Enforcement
13 January 2017 GOVERNMENT GAZETTE, WA 339 2. Commencement
These regulations come into operation as follows -
(a) regulations 1 and 2—on the day on which these regulations are published in the Gazette; (b) the rest of the regulations - on the day after that day. 3. Regulations amended
These regulations amend the Civil Judgments Enforcement
Regulations 2005.4. Regulation 101 amended
In regulation 101():
(a) in paragraph (c) delete "105(5);" and insert: 107B(1);
(b) in paragraph (d) delete "107;" and insert: 107D(1);
5. Regulation 104 amended
(1) In regulation 104 in the definition of small business:
(a) delete paragraph (a) and insert: (a) a business undertaking that is wholly owned
and operated by an individual or individuals in
partnership and has less than 20 full-timeequivalent employees or partners;
(b) delete paragraph (c) and insert:
(c)
a co-operative as defined in the Co-operatives Act 2009 that has less than 20 full-time equivalent employees and that is not a subsidiary of another co-operative or corporation that has 20 or more full-time equivalent employees;
(2) In regulation 104 insert in alphabetical order:
eligible entity means an entity referred to in
regulation 107C(3);
eligible entity fee, in relation to a matter specified in an
item in Schedule 1, means the fee shown in column A
for that item;
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eligible individual means an individual referred to in
regulation 107C(2);
eligible individualfee, in relation to a matter specified
in an item in Schedule 1, means the fee shown in
column C for that item;
entity does not include an individual;
person means an individual or an entity;6. Regulation 105 amended
(1) Delete regulation 105(3) and insert: (3) In relation to a matter specified in an item in Schedule 1 -
(a) the fee payable by an individual who is not an column A for that item; or
(b)
the fee payable by an eligible individual is the eligible individual fee for that item; or
(c)
the fee payable by an entity that is not an eligible entity is the fee shown in column B for that item; or
(d)
the fee payable by an eligible entity is the eligible entity fee for that item.
(2) Delete regulation 105(5) to (10). Note: The heading to amended regulation 105 is to read: General fees
7. Regulations 107B to 1076 inserted
After regulation 107A insert: 107B. Fees for small businesses and non-profit
associations
(1) An entity that is a small business or a non-profit
association may lodge with the court to which a fee is
to be paid a declaration in the form of Form 3.(2) On the lodgment of a declaration the entity is to be
charged fees as if it were an eligible entity.(3)
Subregulation (2) does not apply to fees payable by joint parties unless each party is a small business or non-profit association.
(4) An entity that has lodged a declaration under
subregulation (1) must immediately advise the
13 January 2017 GOVERNMENT GAZETTE, WA 341 Principal Registrar of the court in which the declaration was lodged if the entity ceases to be a small business or non-profit association as the case requires.
Penalty for this subregulation: a fine of $1000.
(5) If an entity is charged a fee under subregulation (2)
when the entity was not a small business or a
non-profit association, the court may -
(a) order that the entity pay the difference between the amount of the fee the entity paid and the amount of the fee that would otherwise be payable by the entity; and (b) make orders to enforce the order for the payment.
(6) An order under subregulation (5)(b) may include orders relating to the future conduct of the matter to which the fees relate or the effect of anything that has been done
in respect of the matter until the sum ordered to be paid
has been paid.
107C. Who is an eligible individual or eligible entity
(1) In this regulation -
Centre/ink means the Commonwealth agency known
as Centrelink.(2) An eligible individual is -
(a) an individual who holds one or more of the
following cards issued by Centrelink -(i) a health care card;
(ii) a health benefit card;
(iii) a pensioner concession card;
(iv) a Commonwealth seniors health card;
or (b)
an individual who holds any other card issued by Centrelink or the Department of Veterans' Affairs of the Commonwealth that certifies
entitlement to Commonwealth health
concessions; or(c)
an individual who is in receipt of a youth training allowance, or an AUSTUDY allowance, as defined in the Social Security Act 1991 (Commonwealth) section 23(1); or
(d)
an individual who is in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or
(e)
an individual who has been granted legal aid under the Legal Aid Commission Act 1976 or a legal aid scheme or service established under a
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Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or
(f) an individual who the court or a registrar of the
court has directed is an eligible individual
under regulation 107E(1)(b).
(3) An eligible entity is -
(a) an entity that has been granted legal aid under the LegalAid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or
(b) an entity that the Court or a registrar of the court regulation 1 07E(2)(b).
1071). Application to be recognised as eligible individual
or eligible entity
(I) A person may apply to the court to which a fee is to be
paid for -
(a)
a direction under regulation 107E(I) that the person is an eligible individual in respect of a matter specified in Schedule 1; or
(b)
a direction under regulation 107E(2) that the person is an eligible entity in respect of a matter specified in Schedule 1.
(2) An application is to be in the form of Form 4 and is to
specify -
(a)
for an individual - the matter in respect of which the individual is seeking to pay the
eligible individual fee; or
(b)
for an entity - the matter in respect of which the entity is seeking to pay the eligible entity fee.
(3) Despite anything else in these regulations, a fee is not
to be charged in respect of an application under
subregulation (1).
107E. Recognition as eligible individual or eligible entity
(1) The court or a registrar of the Court may, on an
application to the court under regulation 1 07D( 1 )(a) - (a) direct that a person is an eligible individual described in regulation 107C(2)(a) to (e) in respect of the matter if satisfied that the person
meets one or more of the requirements set out
in those paragraphs; or
13 January 2017 GOVERNMENT GAZETTE, WA 343 (b) direct that a person is an eligible individual
described in regulation 107C(2)(f) if satisfied that the person should be required to pay only an eligible individual fee in respect of the
matter for either, or both, of the following
reasons -(i) financial hardship;
(ii) the interests of justice.
(2) The court or a registrar of the court may, on an
application to the court under regulation 1 07D( 1 )(b) -
(a) direct that a person is an eligible entity described in regulation 107C(3)(a) in respect of the matter if satisfied that the person meets the requirements set out in that paragraph; or (b) direct that a person is an eligible entity described in regulation 107C(3)(b) if satisfied that the person should be required to pay only the eligible entity fee in respect of the matter for either, or both, of the following reasons - (i) financial hardship;
(ii) the interests of justice.
(3) A judge or a registrar of the court may, before an application is determined, direct the applicant to provide to the judge, the registrar of the Court or the
court further information relating to the application.
(4) A direction to provide further information -
(a) may be made in writing or orally; and (b)
may require that the information is provided either in writing or orally.
107F. Revocation of directions for providing false or misleading information (1) The Court or a registrar of the Court with which a
declaration under regulation 10713(1) is lodged may
make an order that the declaration is invalid if satisfied,
having given the person who lodged the declaration an
opportunity to make a written submission, that the
person has contravened regulation 101 (1) in relation to
a statement or representation in the declaration or
providing further information in relation to the
declaration.
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(2) The court that, or the registrar who, makes a direction
under regulation 107E(1) or (2) may revoke the
direction if satisfied, having given the person who
applied for the direction under regulation 1 07D( 1) an
opportunity to make a written submission, that the
person has contravened regulation 101 (1) in relation to
a statement or representation in the application or
providing further information in relation to theapplication.
(3) If a declaration is declared invalid under
subregulation (1) or a direction is revoked under
subregulation (2), the court may -
(a)
order that the person in respect of whom the declaration or direction was made pay the difference between the fee the person paid and the fee that would otherwise by payable by the person; and
(b)
make an order to enforce the order for the payment.
(4) An order under subregulation (3)(b) may include orders
relating to the future conduct of the proceedings to
which the fees relate or the effect of anything that has
been done in respect of the proceedings until the sumordered to be paid has been paid.
107G. Refunds
A judicial officer or legally qualified registrar presiding in a proceeding may order the refund of the difference between the amount of a fee paid by a person in respect of the proceeding and the amount of the fee that the person was entitled to be charged under these regulations in respect of the proceedings.
(2) The Principal Registrar of the court may refund to a person the amount of a fee, or part of a fee, paid by the
person if the amount was paid in error.
8. Regulation 107 deleted
Delete regulation 107.
13 January 2017 GOVERNMENT GAZETTE, WA :315 9. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 - Court fees
r. I05
Hen Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity S individual
$ $
For an application or
request under the Act -(a) a judgment not
exceeding $10 000 98.50 148.00 29,55
(b) all other judgments 159.50 240.00 4785
Note 1: of enforcing the judgment or order.
The fee is payable only once on the first application or request by a judgment creditor or other person
entitled to the benefit of the judgment.
Note 2:
No fee is payable in relation to interpleader proceedings.Note 3:
No fee is payable for an application or request brought by a person other than a judgment creditor or
other person entitled to the benefit of the judgment.
Note 5:Note 4: to in the Residential Tenancies Act 1987 section 12A is the fee payable on an application in relation to ajudgment not exceeding $7 500. 2. Registering ajudgment in a court under the Service and Execution of Process
Act 1992 (Commonwealth)
section 105(1) 83.50 I 10.5(1 25.05 10. Schedule 4 amended
(1) In the reference after the heading to Schedule 4 delete
"105, 107," and insert:
10713, 107D,
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(2) In Schedule 4 in Form 3:
(a) delete "105(5)" and insert: 107B(1)
(b) delete "an individual or individuals in partnership who wholly own and operate a business undertaking that has less than 20)1111-time equivalent employees and
partners;" and insert:a business undertaking that is wholly owned and operated by an individual or
individuals in partnership and has less than 20)1,11-time equivalent employees or
partners;(c)
delete company as defined in the Companies (Co-operative) Act 1943 that has less than 20)1,11-time equivalent employees and that is not, under section 130(1) of
that Act, deemed to be a subsidiary company of another company or corporation that
has 20 or more full-time equivalent employees;" and insert:a co-operative as defined in the Co-operatives Act 2009 that has less than 20
full-time equivalent employees and that is not a subsidiary of another co-operative
or corporation that has 20 or more full-time equivalent employees;
(3) In Schedule 4 delete Form 4 and insert:
4. Application to reduce fee
Form 4
Civil Judgments Enforcement Regulations 2005
(Regulation 107D(1))
APPLICATION TO REDUCE FEE
In the Supreme Court / District Court / No. of 2 Magistrates Court
Applicant: Fee type for which request is made:
U Application or request under U Registering a judgment in a court the Civil Judgments under the Service and Execution Enforcement Act 2004 of Process Act 1992
(Commonwealth) section 105(1)Concession Card Holder: Pension Concession
Card No:DYes 0 N Health Care Card
No:
13 January 2017 GOVERNMENT GAZETTE, WA Grant of Legal Aid under a
legal aid scheme orservice:
El Yes 13 No Full Name:
Please indicate your party type:
etails: U Individual 0 Entity
Applican Details: Address:
Date of
Birth:
If you are applying for a fee reduction because of financial hardship or in the interests of justice, please give supporting reasons for your request (attach a separate page if required). If the reasons include financial hardship you must complete the information on the following pages.
I certify that the above information and disclosures in this form are true and correct.
Applicant's Signature Dated: *Note. A person who makes a statement or representation in this
application that the person knows or has reason to believe is false or
misleading in a material particular commits an offence under the CivilJudgments Enforcement Regulations 2005 regulation 101(1).
COURT SEAL
FINANCIAL DETAILS: APPLICANT WHO IS AN INDIVIDUAL
If the reasons for application include financial hardship, the following
sections of the form must be completed by the applicant if the applicant is an individual.
Occupation:
Employer:
Employer's Address:
Marital Status: LI LI married LI partner
single
0 de facto 0 separated
Dependants: LI dependant wife / husband / partner / de facto (number of) dependant children
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INCOME AND FINANCIAL ASSETS DETAILS
Income / financial assets Self Partner Total (net) Wage / salary / benefit $ $ $ Money in financial institution S S $ Cash $ S $ Income from investments $ S $ Other income $ S $ Money loaned and to be repaid $ $ $ Total $ $ $ EXPENDITURE DETAILS Expenditure Self Partner Total
Rent / board $ $ Mortgage payment $ Maintenance for dependants
Food $ S $ Utilities (gas / electricity) $ S S Telephone $ S - $ Water $ S $ Rates and taxes $ S $ Court orders S S $
Credit card/s S S $ Other debts (provide details) Total $ S
TOTAL TOTAL
INCOME $ EXPENDITURE S ASSETS VALUE
House or other property (provide addresses) S
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Motor Vehicles I Year: (car, utility, motorcycle, truck Make: etc.) Model:
Registration Number:2
Year: Make: Model: Registration Number:
Other assets (provide details)
TOTAL ASSET VALUE $ HOME CONTENTS (please complete appropriate box where applicable)
Television DVD Computers Other Dishwasher Microwave
player electronic
devices
$ $ __$ _$ $ Furniture Collection of Other Other assets Interests in coins, stamps collectables business or etc. company $ $ $ $ LIABILITIES Mortgage to:
Other to: Time to Pay Order: $ TOTAL LIABILITIES $ FINANCIAL DETAIL: APPLICANT WHO IS NOT AN
INDIVIDUALIf the reasons for application include financial hardship, the following sections of the form must be completed by the applicant if the applicant is an entity.
Income $
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Assets
Liabilities S TO l' kl, $ R. NEILSON, Clerk of the Executive Council.
0
0
0