Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for enforcing a judgment via Property (Seizure and Sale) Order in Western Australia. This guide covers the complete enforcement lifecycle from application through to sale of seized property or nulla bona outcome, designed for commercial litigation solicitors and debt recovery practitioners. Additional procedural resources can be found on the WA Government Portal and the Western Australia Legislation Registry.
Jurisdiction: Magistrates Court of Western Australia (civil jurisdiction). District Court and Supreme Court for larger claims. Personal property must be seized and sold before real property unless insufficient to satisfy the debt. Verify current guidelines on the official .
Governing Legislation: Civil Judgments Enforcement Act 2004 (WA) (primary enforcement statute, Part 4 Division 3 - Property Seizure and Sale Orders), Civil Judgments Enforcement Regulations 2005 (WA) (prescribed fees, exempt property thresholds, interest rate), Magistrates Court (Civil Proceedings) Rules 2005 (WA), Legal Profession Act 2008 (WA) (costs disclosure and trust account obligations), Bankruptcy Act 1966 (Cth) (bankruptcy notice threshold $10,000). Verify current guidelines on the official Western Australia Legislation Registry.
The Process at a Glance: Once judgment is obtained, the practitioner must: (1) verify the judgment is enforceable and no stay or suspension order exists; (2) issue supplementary costs disclosure covering enforcement fees; (3) calculate the current debt balance including post-judgment interest at 6% p.a. (prescribed rate under CJEA s 8 and Regulation 4); (4) draft and file a Form 6 Application for Property (Seizure and Sale) Order (filing fee: $160.50 individual / $241.00 entity for debts up to $10,000; $258.00 / $391.00 for debts over $10,000); (5) lodge the sealed order with the Sheriff or Bailiff; (6) compile debtor asset intelligence; (7) monitor execution, manage walking possession notices and interpleader claims; (8) oversee sale of seized goods; and (9) review the Bailiff's return, distribute proceeds, or escalate to alternative enforcement (Earnings Appropriation Order, Debt Appropriation Order, Means Inquiry, or Bankruptcy Notice). The order is valid for 12 months (personal property) or 6 months (real property, registered with Landgate). The judgment is enforceable for 12 years under CJEA ss 12-13, with leave required after 6 years. Additional forms are accessible via the WA Government Portal.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Debt Recovery (Applicant) - Enforcement via Property Seizure matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for COMMERCIAL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify judgment enforceability, issue supplementary costs disclosure, calculate current balance including 6% p.a. interest under CJEA s 8, apply for Property (Seizure and Sale) Order via Form 6, and prepare debtor asset information for the Sheriff/Bailiff.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Unlike VIC, a CJEA suspension order does not automatically prevent a PSSO application, but the court may refuse the order if other arrangements are in place.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Form 6 filing fees:
The court filing fee is generally payable only once on the first enforcement application by a judgment creditor under the Magistrates Court fee schedule.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Post-judgment interest continues to accrue even where a suspension, time-for-payment, or instalment order is in force, unless the court specifically orders otherwise under CJEA s 8(2).
Lodge the sealed order with the Sheriff/Bailiff, pay prescribed execution fees, provide debtor asset intelligence brief, monitor execution progress, and manage walking possession notices and interpleader claims.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Review the Bailiff's formal return (satisfaction, partial recovery, or nulla bona), oversee sale of seized goods, distribute proceeds, advise client on alternative enforcement mechanisms, and close file or escalate.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Under the Civil Judgments Enforcement Act 2004 (WA), it is a criminal offence for the debtor or any person to interfere with, conceal, remove, or dispose of property that has been seized or is subject to a walking possession notice.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Items subject to a registered PPSR security interest cannot be seized ahead of the secured party's interest.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
If multiple warrants exist against the same debtor, proceeds are distributed in priority order based on date of lodgement with the Bailiff.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.