Local Court Amendment Rules (No. 2) 2002 (WA)

6020 GOVERNMENT GAZETTE, WA 20 December 2002

(No. 2) 2002.

JU301*

Local Courts Act 1904

Local Court Amendment Rules (No. 2) 2002

Made by the Governor in Executive Council.

1.            Citation

These rules may be cited as the Local Court Amendment Rules

20 December 2002 GOVERNMENT GAZETTE, WA 6021

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 2 December 2002 see 2001 Index to
Legislation of Western Australia, Table 4, p. 199.]

4.             Appendix amended

Appendix Part II is amended by deleting the table of bailiff fees and inserting the following Table of Bailiff fees instead -

44  

Table of Bailiff fees

Item Service	Fee
1. (a) Service of any process when non-personal
service may be utilised	$17.25

1. (b) Service of any process requiring personal

service

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 $46.00

2. (b) Enquires or attendances prior to execution	$24.00
2. (c) Inspection of chattels under seizure	$24.00

NOTE: Where the bailiff has several warrants only one fee is chargeable to the first warrant in priority

6022 GOVERNMENT GAZETTE, WA 20 December 2002

Item Service	Fee
3. (a) Kilometreage	$0.90 For travel
For kilometres travelled on execution of a	in the
warrant or other process, or on service of a	metropolitan
summons other process or document, or on	area: $1.00
making an arrest or for all other necessary	For travel
attempts, attendances and inspections for each	outside the
kilometre (one way) from the bailiff's office	metropolitan area or such
NOTE: Where more than one process or document is	additional
executed or served at the same time on the same person or	fee as the
on different persons at the same address, only one	clerk may
allowance for kilometres travelled shall be chargeable.	allow
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, Bunbuiy, 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 $6.30

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

(I) for the first named person at the

same address $6.30

(II) for each other person at the same address $2.10

(III) for each person at a different

address $6.30

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 (personalty)	$5.75
Bill of sale and encumbrance search
(personalty)	$11.50
Encumbrance investigation (realty)	$51.20
Implementation of an advertising program
(realty or personalty)	$63.00

20 December 2002 GOVERNMENT GAZETTE, WA 6023

Item Service Fee

5.        Attendance at sale

(or to cancel same) $53.00

6.        Poundage

(a)	Poundage on executing a warrant 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 $13,000.00 and 2.5% on the balance above that amount
(b)	Where the sale of land, interest in land, or goods or chattels is conducted by a licensed auctioneer instructed by the bailiff, poundage shall be charged at one-half the 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".

NOTE: Poundage is to be calculated on the 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 _$105.00

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

$175.00

8 (b)

Poundage on executing a warrant of delivery (Replevin) - 5% on the first $10,000.00 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	$4.00 per
NOTE: Claimable by bailiff when he enters into close	day for
possession of chattels and retains actual physical possession	maximum of
and control.	10 days

NOTE: If this item is claimed an allowance under item 12(d) is not appropriate

6024 GOVERNMENT GAZETTE, WA 20 December 2002

Item Service Fee

10.	For auctioneer's or agent's commission,	A fee fixed
advertising and sundry expenses on account of	in
sale by auction or otherwise of goods or chattels,	accordance
or land or any interest in land, whether a sale	with the
does or does not take place	recognised scale of charges for 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 goods or	actually and
chattels by purchaser	reasonably

(c) travelling expenses paid

12. (a) Assistants required to execute a warrant or
order

12. (b) Man in possession

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	The sums
whether before or after removal	actually and

12. (g) REVS searches, corporate searches and any reasonably

other search allowed by the clerk paid

20 December 2002 GOVERNMENT GAZETTE, WA 6025

Item Service Fee

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 $33.50

14.(a)

Attendance on a judgment summons

hearing or related matter	$2.20
Other situations	$1.00

14.(b)

Attendance at trial $2.60

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

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 Governor,

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