Local Court Amendment Rules (No. 4) 1998 (WA)

26 February 19991 GOVERNMENT GAZETTE, WA 617

JUSTICE

JM301*

Local Courts Act 1904

Local Court Amendment Rules (No. 4) 1998

Made by the Governor in Executive Council.

1.           Citation

These rules may be cited as the Local Court Amendment Rules
(No. 4) 1998.

2.            Commencement

These rules take effect one month after their publication in the
Government Gazette.

3.            The rules amended

The amendments in these rules are to the Local Court
Rules 1961*.
[* Reprinted as at 26 February 1996.

For amendments to 6 November see 1997 Index to
Legislation of Western Australia, Table 4, p. 168, and
Gazette 28 August 1998.]

4.            Order 27 amended

(1) Order 27 is amended by inserting after rule 13 —

44

Order 37.

13A. Court may impound documents

A court hearing an examination under rule 13 of this produced at the examination.

(2) Order 27 is amended by repealing rule 14 and inserting
instead —

44

14.         Costs under rule 13

(1)	A court hearing an application or examination under rule 13 of this Order may make such order as to costs as may be just, including an order for fixed costs.
(2)	Subrule (1) applies despite rules 6 and 7(2) of

618 GOVERNMENT GAZETTE, WA 126 February 1999

5. Order 32A inserted
After Order 32 the following Order is inserted

Order 32A - Practice and procedure relating to

warrants under the Fines, Penalties and

Infringement Notices Enforcement Act 1994

Interpretation

(1) In this Order —
"Act" means the Fines, Penalties and Infringement

Notices Enforcement Act 1994;

"claim" means a claim under section 93 of the Act;

"claimant" means a person who makes a claim.

(2) The definitions in Part 7 of the Act apply to this Order.

2.	Examination in Aid of Seizure (Forms 185D and 185E)
(1)	An application by the Sheriff for an order under section 69(1) of the Act shall be made ex parte in the Form 185D and supported by an affidavit.
(2)	An order under section 69(1) of the Act shall be in the Form 185E and shall be served personally on the person to be examined.
(3)	Except as provided in this rule, the practice and procedure relating to an examination under section 69(1) of the Act shall be the same as the practice and procedure relating to an examination of a judgment debtor in aid of execution.

3. Claims to Property Seized (Forms 185F and 185G)

(1)	If the Sheriff admits a claim the Sheriff shall give notice of that admission to the claimant and, except where section 82 of the Act applies, withdraw from possession of the property in respect of which the claim is made or the proceeds of the sale of that property.
(2)	If the Sheriff does not admit a claim, the Sheriff shall apply for an interpleader summons under this rule to be issued to the claimant in the Form 185F.
(3)	On the application of the Sheriff, the clerk shall issue an interpleader summons and forward the interpleader summons to the Sheriff.
(4)	Upon receiving an interpleader summons under subrule (3), the Sheriff shall serve the summons on the claimant, or on the solicitor of any claimant who acts by a solicitor, in the time and mode directed by these rules for the service of a summons in a personal action.

26 February 19991 GOVERNMENT GAZETTE, WA 619

(5)	If before the return day of the summons the claimant files notice withdrawing the claim, and at the same time gives notice of that withdrawal to the Sheriff, the property seized or the proceeds of sale of that property shall be dealt with and disposed of as if the claim had not been made.
(6)	The claimant shall, 5 clear days before the return day of an interpleader summons, leave at the office of the clerk 2 copies of the particulars of the claim in the Form 185G in the Appendix.
(7)	Subject to this rule and to section 94(3) of the Act, proceedings in respect of a claim shall proceed as if the claimant were the plaintiff in a personal action and the Sheriff the defendant in that action.

6.           Appendix amended

Part I of the Appendix is amended by inserting after
Form 185C—

r1

185D - Application for order for examination in aid of

seizure under the Fines, Penalties And Ilifringenient

Notices Enforcement Act 1994

In the Local Court of Western Australia, held at ............................

No..........................

Between

A.B. ......................................... Sheriff of Western Australia,

and

C.D . ............................................................... Offender.

I, [name], the Sheriff of Western Australia, apply for an order under
section 69(1) of the Fines, Penalties and Infringement Notices
Enforcement Act 1994 that [name] of [address] being the [Offender/a
person having management of the body corporate that is the

Offender]* personally attend -

(a)	to be examined as to the existence and whereabouts and value of any property that may be seized under a warrant of execution issued against the Offender under the Fines, Penalties and Infringement Notices Enforcement Act 1994, including any debts due to the Offender; and
(b)	to produce all documents relevant to any such property.

Dated this ................day of...................................

Sheriff (or Solicitor)

620 GOVERNMENT GAZETTE, WA 126 February 1999

Order granted/refused*

Dated this ................day of

Magistrate

[* Delete whichever does not apply.]

185E - Order for examination in aid of seizure under

the Fines, Penalties And Infringement Notices

Enforcement Act 1994

(Heading as in Form 185D)

On [date] a warrant of execution was issued under the Fines, Penalties and Infringement Notices Enforcement Act 1994 to the Sheriff in respect of the Offender.

2. You, [name] of [address] are ordered to appear personally at

the sittings of this Court to be held at [place] on [date] at
[time] -

(a)	to be examined as to the existence and whereabouts and value of any property that may be seized under the warrant of execution, including any debts due to the Offender; and
(b)	to produce all documents relevant to any such property.

3. If you do not appear as required by this Order you may be

dealt with under section 155 of the Local Courts Act 1904.

Dated this................day of..................................

Magistrate

Amount outstanding

Fine/amount forfeited S

Enforcement fees	+	S..............
Sub-total	=	S..............
Less any amount paid	-	S..............
Amount outstanding	=	S..............

To [name and address ofperson ordered to appear]

26 February 19991 GOVERNMENT GAZETTE, WA 621

185F - Interpleader summons to a claimant

of property

In the Local Court of Western Australia. held at............................

No.............................

Between

A.B. ............................................ Sheriff of Western Australia,

and

C.D. ................................................................... Offender.

and

E.F. ..... ............................................. .................. Claimant.

1.     You, the Claimant, are summoned to appear at a Court to be held at [time] on [date] at [location] to support a claim made by you to certain property taken by the Sheriff pursuant to a warrant of execution issued under the Fines, Penalties and

Infringement Notices Enforcement Act 1994 against the

Offender.

2.      You must, 5 clear days before the hearing date, leave at my office particulars of—

(a)	your full name, address, and occupation;
(b)	the property claimed by you; and
(c)	the grounds of your claim,

and if you do not provide those particulars your claim will

not be heard by the Court.

Dated this ................day of..................................

Clerk of the Court

To [name and address of Claimant]

185G - Particulars of claim under

interpleader summons

(Heading as in Form 185F)

I, E.F., of [address and occupation], claim the following property............................................................

[or specified in an attached Schedule] , taken by the Sheriff

pursuant to a warrant of execution issued under the Fines,

Penalties and Infringement Notices Enforcement Act 1994

against the Offender.

622 GOVERNMENT GAZETTE, WA [26 February 1999

2. The grounds of my claim are as follows: ............
[or specified in an attached Schedule].

Dated this ................ day of ..................................

.......................................

E.F., Claimant

To the Sheriff.

By Command of the Governor,

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