Local Court Amendment Rules 2004 (WA)

750 GOVERNMENT GAZETTE, WA 12 March 2004

JU301*

Rules 2004.

Local Courts Act 1904

Local Court Amendment Rules 2004

Made by the Lieutenant-Governor and Administrator in Executive
Council.

1.            Citation

These rules may be cited as the Local Court Amendment

12 March 2004 GOVERNMENT GAZETTE, WA 751

2.             Commencement

These rules come into operation on the day after the last day of the specified period, which is the period of one month after the day on which these rules are published in the Gazette.

3.             The rules amended

The amendments in these rules are to the Local Court
Rules 1961*.

[* Reprinted as at 13 October 2000.

For amendments to 24 February 2004 see Western p. 217, and Gazette 30 June and 30 December 2003.]

4.             Appendix amended

(1)	The Appendix Part II Table of court fees item 9 is amended by deleting "$1000." and inserting instead -
" $1300. "
(2)	The Appendix Part II Table of Bailiff fees is deleted and the following Table inserted instead -

Table of Bailiff fees

Item Service Fee

1. (a) Service of any process when

non-personal service may be utilised $18.00

1. (b) Service of any process requiring

personal service $25.00

1. (c) Additional fee where an attempt to
effect any service is unsuccessful and
the clerk is satisfied that the failure
was not due to any fault of the bailiff

and that a further attempt to effect the

service is necessary
one additional fee not exceeding 50%
of fee prescribed by either item 1(a)
or_1(b)_is_payable.

2. (a)	Warrant fee which includes execution,
(attempted execution), initial
attendance, initial enquiry, seizure of
goods, service of any notice and
returns, investigation, appraisal of
seizable goods, arrest and conveying a
debtor to court when executing a
bench warrant or chamber warrant,
and eviction when executing a
warrant of possession $48.00

2. (b) Enquires or attendances prior to

execution $25.00

752 GOVERNMENT GAZETTE, WA 12 March 2004

Item Service Fee

2. (c) Inspection of chattels under seizure $25.00

NOTE: Where the bailiff has several warrants only one fee is chargeable to the first _warrant _in_priority

3. (a) Kilometrage $0.90 for

For kilometres travelled on execution	travel in the
of a warrant or other process, or on	metropolitan
service of a summons other process or	area
document, or on making an arrest or	$1.00 for
for all other necessary attempts,	travel outside
attendances and inspections for each	the
kilometre (one way) from the bailiff's	metropolitan
office	area or such additional fee as the clerk may allow
NOTE: Where more than one processor document is executed or served at the same time on the same person or on different persons at the same address, only one allowance for kilometres travelled shall be chargeable. NOTE: In addition to the above the bailiff may charge kilometreage to convey a debtor from a place of arrest to court or a lockup provided the clerk is satisfied those duties have been carried out and where a bailiff will be required to travel an excessive distance the clerk may require kilometreage to be prepaid into court. Prepaid fees shall be allowed or disallowed by the clerk upon completion of execution. NOTE: Outside the metropolitan region kilometreage is not claimable for the first 6 kilometres by bailiffs stationed at Albany, Bunbury, Geraldton or Kalgoorlie when

serving _or executing _a process.

3. (b) Special fee to bailiff at Albany,

Bunbury, Geraldton or Kalgoorlie (for

each process or document for service

or execution in any one action) -

(i)     where there is one person

named on the process or

document $6.50

(ii)  where there is more than one person named on the process or document -

(I) for the first named person

at the same address $6.50

(II) for each other person at the

same address $2.20

(III) for each person at a

different address $6.50

12 March 2004 GOVERNMENT GAZETTE, WA 753

Item	Service	Fee
4.	Preparation for sale
Provided the clerk is satisfied duties have been carried out, the following fees are allowed -
For each REVS or other official
record search (personally)	$6.00
Bill of sale and encumbrance search
(personalty)	$12.00
Encumbrance investigation (realty)	$53.00
Implementation of an advertising
program (realty or personalty)	$65.00

5.         Attendance at sale

(or to cancel same) $55.00

6.         Poundage

(a) of execution or other process
under or by reason of which
money is received by the bailiff
or by the judgment creditor -
after seizure 5% on the first Poundage on executing a warrant balance above that amount

(b) land, or goods or chattels is
conducted by a licensed
auctioneer instructed by the
bailiff, poundage shall be

Where the sale of land, interest in abovementioned rates

NOTE: For the purpose of this item -

(a) the service of a warrant of execution on the Registrar of Titles under section 133 of the Transfer of Land Act 1893 (in the case of land or an interest in land); or

(b) the seizure of chattels in the possession or apparent possession of the judgment debtor,

is or is deemed to be "seizure". amount realised at the sale but the maximum amount upon which poundage is to be calculated is the amount of the judgment debt notwithstanding sale proceeds may exceed the amount of the judgment debt.

7.         Where the sale, whether by public auction or otherwise, is conducted by the bailiff or his officer without the intervention of an auctioneer or agent, poundage of 1% of the proceeds of sale (in addition to that prescribed by item 6(a)) shall be chargeable; but the amount chargeable under this item shall not exceed $109.00

754 GOVERNMENT GAZETTE, WA 12 March 2004

Item Service Fee

8. (a) Poundage on executing a warrant of

possession - 5% on the annual

rental value of property as fixed by
the clerk, but the amount chargeable
under this item shall not exceed

$181.00

8. (b) Poundage on executing a warrant of

delivery (Replevin) - 5% on the first

$13,500.00 and 2.5% on the balance

of the value of the property delivered,

as_ fixed _by_ the _clerk

NOTE: Poundage as assessed by the clerk must be prepaid and held by the court until execution is completed.

9.	Possession	$4.15 per day
NOTE: Claimable by bailiff when he enters	for maximum
into close possession of chattels and retains	of 10 days
actual physical possession and control. NOTE: If this item is claimed an allowance

under _item _12(d)_is_ not _appropriate

10.	For auctioneer's or agent's	A fee fixed in
commission, advertising and sundry	accordance
expenses on account of sale by	with the
auction or otherwise of goods or	recognised
chattels, or land or any interest in	scale of
land, whether a sale does or does not	charges for
take place	auctioneers and agents in the State of Western Australia or such other fee as the clerk may allow
11.	Where a sale takes place by auction or private contract, or when no sale takes

place -
(a)	for advertising and giving publicity to any sale, or intended sale, printing catalogues and bills and distributing and posting the same
(b)	for labour (if any) employed in

lotting and showing goods or chattels, preparing catalogues and where a sale takes place by

auction attending the sale and	The sums
superintending the removal of	actually and
goods or chattels by purchaser	reasonably

(c) travelling expenses paid

12.	(a)	Assistants required to execute a warrant or order
12.	(b)__	Man _in_possession

12 March 2004 GOVERNMENT GAZETTE, WA 755

Item	Service	Fee
12.	(c)	Out-of-pocket expenses incurred by the bailiff or officer while serving or executing any process including postage, telegraphic and telephonic messages, and travelling expenses of himself and assistants

12.      (d) Warehousing or storage of goods or vehicles which are being or about to be, or have been removed, and insurance thereof against fire, damage and

in the case of motor vehicles,

accident and third party risk

12.	(e)	Removal or cartage expenses
12.	(f)	Where animals or other
livestock have been removed, for taking charge of same and for their keep while in custody of the bailiff whether before or after removal The sums actually and

12.      (g) REVS searches, corporate

searches and any other search	reasonably
allowed by the clerk	Paid

13.       Where a bailiff is required to attend court in charge of any person including a prisoner ordered to attend for examination pursuant to an order of the court, or to lodge any person in a lock up, the reasonable travelling and other expenses of the officer and the person or prisoner, and in addition for each hour or part of an hour when the officer is

necessarily engaged $34.75

14.

(a)

Attendance on a judgment

summons hearing or related

matter	$2.30
Other situations	$1.00

14.

(b)

Attendance at trial $2.70

15.       Where a bailiff, or other person employed under a bailiff, shall be necessarily put to and incur extra trouble and expense in the discharge of any duty incidental to his office or employment or for any duty or service not herein provided, such sum or such additional sum, as the case may be, as the clerk may allow

756 GOVERNMENT GAZETTE, WA 12 March 2004

Item Service Fee

16.       If GST (within the meaning of section 195-1 of the A New Tax System (Goods and Services Tax)

Act 1999 of the Commonwealth) is
payable on a service listed in this
Table of bailiff fees, the fee for the
service is the applicable fee in this
Table, increased by 10%

By Command of the Lieutenant-Governor and Administrator,

M. C. WAUCHOPE, Clerk of the Executive Council.