Assistant Bailiff
Guidelines
May 2007
version 6
INTRODUCTION
These Guidelines have been prepared by officers of the Magistrates’ Court for
the assistance of Assistant Bailiffs appointed pursuant to the Magistrates Court
(Civil Division) Act 1992 section 15A.
The Guidelines are intended to provide background information only and are
not intended to be a definitive or comprehensive statement of the law relating to
execution or to offer advice as to all situations that Assistant Bailiffs could
encounter.
In addition, the law invests Assistant Bailiffs as officers of the Court with
particular powers and entitlements. However, those powers and entitlements
carry with them onerous duties and responsibilities. The Magistrates’ Court is a
public institution and is accountable not only to litigants before the Court but to
the community generally for the proper and effective exercise, according to law,
of the functions which have been entrusted to it by Parliament on behalf of the
community. Accordingly, as Assistant Bailiffs and, therefore officers of that
Court it is fundamentally important that Assistant Bailiffs be alert to the duties
owed by them and to the fact that the standing and integrity of the court will be
either enhanced or degraded according to the way in which those duties are
discharged.
However, Assistant Bailiffs are assured that officers of the Magistrates Court are
available to assist them with advice as to the proper discharge of their duties.
A G Shott
A G Shott
Chief Magistrate
These guidelines are to be used in conjunction with the
Magistrates Court (Civil Division) Act 1992 and
Magistrates Court (Civil Division) Rules 1998
Table of Contents
EXPLANATORY NOTES ..................................................................................................................... 1
ASSISTANT BAILIFF - APPOINTMENT AND FUNCTIONS ........................................................ 2
APPOINTMENT ...................................................................................................................................... 2
DUTIES .................................................................................................................................................... 2
FUNCTIONS............................................................................................................................................ 2
ASSISTANCE ......................................................................................................................................... 3
HOBART.................................................................................................................................................. 3
LAUNCESTON ....................................................................................................................................... 3
BURNIE ................................................................................................................................................... 3
DEVONPORT .......................................................................................................................................... 3
SERVICE OF COURT PROCESS ....................................................................................................... 3
DAYS WHEN SERVICE IS PROHIBITED ............................................................................................ 4
EVIDENCE OF SERVICE ....................................................................................................................... 4
AMENDMENT TO DOCUMENTS ........................................................................................................ 4
IDENTIFICATION OF PARTY TO BE SERVED .................................................................................. 4
MANNER OF SERVICE.......................................................................................................................... 4
ORDERS OF ATTACHMENT ................................................................................................................ 4
AFFIDAVIT OF SERVICE ...................................................................................................................... 4
EXPIRY OF A SERVICE DOCUMENT ................................................................................................. 5
PROVISION OF ADVICE ....................................................................................................................... 5
FREQUENT SERVICE DOCUMENTS – GUIDE ONLY....................................................................... 5
EXECUTION OF COURT PROCESS ................................................................................................. 5
ASSISTANCE IN EXECUTION ........................................................................................................... 6
RIGHT OF ENTRY ............................................................................................................................... 6
TRESPASS .............................................................................................................................................. 6
NOTIFICATION TO THE DISTRICT REGISTRAR ....................................................................... 6
EXPIRY OF A WARRANT .................................................................................................................. 6
KEEPING OF RECORDS ..................................................................................................................... 6
RECEIPTING MONIES COLLECTED .............................................................................................. 7
FURTHER .............................................................................................................................................. 7
ESTABLISHING OWNERSHIP .......................................................................................................... 7
GOODS ON HIRE PURCHASE ........................................................................................................... 7
GOODS UNDER A BILL OF SALE .................................................................................................... 8
WALKING POSSESSION .................................................................................................................... 8
SEIZURE OF GOODS ........................................................................................................................... 8
STORAGE AND SAFEKEEPING OF GOODS UNDER SEIZURE................................................. 9
DWELLINGS OR LAND LEVIED IN EXECUTION ........................................................................ 9
ADVERTISING ...................................................................................................................................... 9
SALE OF GOODS ................................................................................................................................ 10
BANKRUPTS ....................................................................................................................................... 10
NO EFFECTS ....................................................................................................................................... 11
OTHER CLAIM OVER PROPERTY SEIZED ................................................................................ 11
BAILIFF INTERPLEADER ............................................................................................................... 11
ASSISTANT BAILIFF EXPENSES ................................................................................................... 12
OTHER REASONABLE EXPENSES ................................................................................................ 12
CONCLUSION-: TO LEVY OR NOT TO LEVY ............................................................................ 12
LIST OF APPENDICES ...................................................................................................................... 14
1.
2.
3.
4.
5.
6.
7.
8.
Acknowledgement of Levy ........................................................................................................ 14
Assistant Bailiff’s Ready Reference .......................................................................................... 14
Bailiff’s Report ......................................................................................................................... 14
Judgment Debtor Questionnaire .............................................................................................. 14
Warrant to Sell Property .......................................................................................................... 14
Walking Possession Form & List of Goods seized ................................................................... 14
Frequent Service Documents – Guide Only ............................................................................. 14
Advertisement…………………………………………………………………………………………. 14
APPENDIX 1 ........................................................................................................................................ 15
APPENDIX 2 ........................................................................................................................................ 16
APPENDIX 3 ...................................................................................................................................... 20
APPENDIX 4 ........................................................................................................................................ 21
APPENDIX 5 ........................................................................................................................................ 22
APPENDIX 6 ........................................................................................................................................ 23
APPENDIX 7……………………………………………………………………………………………25
FREQUENT SERVICE DOCUMENTS – GUIDE ONLY ………………………………………..25
APPENDIX 8…………………………………………………………………………………..……….26
GLOSSARY OF TERMS…………………………………………………………………………… 27
Explanatory Notes
In these Guidelines quotes from any Act will be in italics followed by the section number and
name of the Act. Reference to ‘the rules’ or Rule, will mean the Magistrates Court (Civil
Division) Rules 1998.
Assistant Bailiff Guidelines
February 2007
Version 5
1
ASSISTANT BAILIFF - APPOINTMENT AND FUNCTIONS
APPOINTMENT
An Assistant Bailiff is appointed under Section 15A(1) of the Magistrates Court (Civil
Division) Act 1992 by a Registrar of the Magistrates Court. There is no provision for an
Assistant Bailiff to appoint other persons to perform their duties as an Assistant Bailiff.
DUTIES
Once appointed an Assistant Bailiff can perform all the functions of a Bailiff and shall in
the execution of their duties conform to all general rules regulating the proceedings of
the court- Section 16, Magistrates Court (Civil Division) Act 1992.
Reference to a bailiff in that Act also means Assistant Bailiff. It is also the responsibility of
an Assistant Bailiff to ensure he/she is aware of all the general rules of court by obtaining a
copy of the Magistrates Court (Civil Division) Rules 1998 from The Government
Bookshop, 2 Salamanca Place, Hobart or accessing them from the website at
www.thelaw.tas.gov.au.
Other Acts and rules that may from time to time be applicable are:
State of Tasmania
Debtors Act 1870 and Rules
Magistrates Court (Civil Division) Act 1992
Evidence Act 2000
Supreme Court Rules 2000
Commonwealth of Australia Service and Execution of Process Act 1992
Copies of these Acts are available at the following websites at www.thelaw.tas.gov.au or
www.austlii.edu.au.
Rule 134 (1) a bailiff is to provide a District Registrar with a written report within 2 days
after(a) Unsuccessfully attempting to seize any property; or
(b) seizing any property,
(c) selling any property.
These “Guidelines for Assistant Bailiffs” are also available on the Courts website at
www.magistratescourt.tas.gov.au/divisions/civil/Bailiffs
FUNCTIONS
The function of an Assistant Bailiff is to carry out the service and execution of court
documents relating to enforcement of judgments and orders. However, with those
functions go certain responsibilities depending on the type of document and the method
Assistant Bailiff Guidelines
February 2007
Version 5
2
of service or execution. These responsibilities will be covered in more detail later in
these guidelines
It is also the Assistant Bailiff’s duty, as a Court appointed officer, to conduct
himself/herself, at all times, in a manner that maintains the integrity of the Court system.
Assistant Bailiffs are required to abide by the Magistrates Court’s Code of Ethics, which
is available at www.magistratescourt.tas.gov/about_us/ethics.
ASSISTANCE
If you need assistance regarding procedural functions as an Assistant Bailiff you may
contact one of the following persons:
HOBART
 Administrator of Courts, 23-29 Liverpool Street, Hobart, Tel. (03) 6233 3616.

District Registrar, Magistrates Court (Civil Division) 23-25 Liverpool Street,
Hobart, Tel. (03) 62332213.
LAUNCESTON
 District Registrar, Magistrates Court (Civil Division), 73 Charles Street,
Launceston, Tel. (03) 63362608.
BURNIE
 District Registrar, Magistrates Court (Civil Division), 38 Alexander Street,
Burnie Tel. (03) 64346322.
DEVONPORT
 District Registrar, Magistrates Court (Civil Division), 8 Griffith Street,
Devonport, Tel. (03) 642217892.
SERVICE OF COURT PROCESS
Documents requiring service can be served by:




A party to the proceedings
Any person the parties requests
A bailiff or an Assistant Bailiff
A process server
There are many documents issued by the District Registrar that require service and each
of these may have different rules that apply to that service.
Usually instructions regarding service are contained within the document or attached to
it. However, this is not always the case and the Assistant Bailiff must ensure that he/she
Assistant Bailiff Guidelines
February 2007
Version 5
3
is aware of what will constitute correct service, for instance some documents have an
expiry date and if served after that date are of no effect.
The rules of service of most documents issued under the Magistrates Court (Civil
Division) Act 1992 are contained in the Magistrates Court (Civil Division) Rules 1998,
particularly rules 39 – 43.
DAYS WHEN SERVICE IS PROHIBITED
Rule 40 (4) - Provides that no process shall be served on Christmas Day or Good Friday.
EVIDENCE OF SERVICE
As well as the completion of an affidavit of service, an Assistant Bailiff may be called
upon at any time to give sworn evidence in relation to the service of any document and
therefore should ensure a sufficient record is kept to enable him/her to swear to that
service. The District Registrar requires the Assistant Bailiff to maintain a service book.
AMENDMENT TO DOCUMENTS
There should be no amendment or endorsement to the face of any document issued by
the District Registrar, unless that amendment or endorsement is made by the District
Registrar.
IDENTIFICATION OF PARTY TO BE SERVED
Verbal confirmation is usually sufficient in the identification of a party to be served.
MANNER OF SERVICE
The methods of service are contained in the Magistrates Court (Civil Division) Rules
1998. These rules should be studied carefully, particularly in relation to the service of
companies.
Tip: Where service must be carried out at the judgment debtor’s place of employment it is prudent to
speak with any supervisor or manager first.
ORDERS OF ATTACHMENT
It should be noted that these orders should be served, as required, regardless of the status
of the employee within the company or business. The Garnishee is entitled to defend the
order if they consider they are unable to carry out its terms. Remember a paymaster can
also be a judgment debtor just like anyone else, so you must record on the affidavit the
identity of the person served and their title.
AFFIDAVIT OF SERVICE
Your signature to and the swearing of an affidavit of service must be before a Justice of
the Peace. Justices are located in each Court Registry.
Assistant Bailiff Guidelines
February 2007
Version 5
4
EXPIRY OF A SERVICE DOCUMENT
A Claim remains valid for 12 months from the time of issuing by the Court Registry.
After that time, if it has not been served the Claim must be renewed by the Court. Note,
that a claim served after the date that the defendant must respond to it is of little effect.
For other documents, particular notice should be taken of the Court date mentioned
therein.
PROVISION OF ADVICE
The Assistant Bailiff is not a legal practitioner and therefore is not able to provide advice
of a legal nature. Often in the performance of his/her duties the Assistant Bailiff will be
asked,
“ What do I do now?”
The best answer is to suggest that they contact the claimant, their own solicitor or the
Community Legal Service the address of which is in the telephone directory.
FREQUENT SERVICE DOCUMENTS – GUIDE ONLY
Must be used as a guide in conjunction with applicable Act and Rules.
This table is attached at Appendix 8
EXECUTION OF COURT PROCESS
The most common process an Assistant Bailiff will be required to execute is a Warrant
to Sell Property against personal property and lands of judgment debtor.
Usually called a Warrant to Sell Property or simply a warrant. See Appendix 5 A copy
may be given to the judgment debtor when the warrant is executed.
A warrant is an order of the court issued by the District Registrar requiring a bailiff
forthwith to make and levy the sum stated at the foot of the warrant (being the amount
due to the claimant under a judgment obtained against the judgment debtor) by seizure
and sale of the personal property of the judgment debtor and also bills of exchange,
promissory notes etc, and if these are not sufficient then by seizure and sale of the lands
of the judgment debtor. What may be taken in execution is clearly defined in Rule 131
Magistrates Court (Civil Division) Rules 1998.
Goods are NOT to be levied; clothing, bedding, and tools of trade up to the value of
$3,000
As an appointed officer of the Court the Assistant Bailiff should at all times act in a
professional and courteous manner, many times under difficult circumstances. The
Assistant Bailiff’s task is to carry out the execution of the warrant to the best of their
ability within the terms of the law. He/she should never make any value judgment on
the personal circumstances of the judgment debtor.
Assistant Bailiff Guidelines
February 2007
Version 5
5
ASSISTANCE IN EXECUTION
The Police will assist, any Assistant Bailiff to keep the peace in the performance of
his/her duties.
RIGHT OF ENTRY
A warrant does not give authority to force entry to any dwelling, business premises or
secured property, but does entitle the Assistant Bailiff to enter upon private property
without force for the purpose of execution of the warrant.
TRESPASS
A Bailiff is deemed not to be a trespasser by reason of an irregularity in the form of the
Warrant. Magistrates Court (Civil Division) Act 1992 Section 18
NOTIFICATION TO THE DISTRICT REGISTRAR
The District Registrar must be provided with a report within 1 month from the day of
receipt of any warrant not executed. The Assistant Bailiff should make a return to the
District Registrar stating the reasons why it has not been executed. It is not necessary to
return the warrant with this notification.
It is not necessary to return the warrant when notifying the District Registrar of a levy
being made but a photocopy of the walking possession should be forwarded.
A clear and concise report to the District Registrar as to the outcome of execution should
be made on the Assistant Bailiff’s Report Form at Appendix 3.
It is your responsibility to provide a copy of the report to the judgment creditor.
EXPIRY OF A WARRANT
A warrant expires 12 months from the date of issue, and should be returned to the
District Registrar at least 24 hours before the expiry date together with reasons as to why
it could not be executed.
It should be noted by Assistants Bailiffs that a warrant should be acted upon with out any
undue delay. Some warrants may prove difficult to execute, but Assistant Bailiffs
should always be attempting to finalise the matter and not just let it sit. Assistant
Bailiffs should also be aware that they can be held liable with regard to neglect and
escaped levies.
KEEPING OF RECORDS
The District Registrar requires all Assistant Bailiffs to keep a warrants record book. The
time and date of receipt of all warrants of execution must be recorded by the Assistant
Bailiff. This is important not only in circumstances where evidence may be required but
also where a number of warrants for the one judgment debtor are received.
Assistant Bailiff Guidelines
February 2007
Version 5
6
In these circumstances the Assistant Bailiff must deal with warrants in the order in
which they are received and should one be stayed this does not prevent the Assistant
Bailiff from proceeding to execution on the next warrant.
RECEIPTING MONIES COLLECTED
Assistant Bailiffs must carry a (triplicate leaf) Receipt Book when executing Warrants
and on the collection of any money, the Assistant Bailiff must:
1. Issue a receipt to the judgment debtor containing the following details
a.
b.
c.
d.
e.
Date of issue
The claim number mentioned on the court process
The judgment debtor’s name as written on the process
The amount in words and figures.
Signature of Assistant Bailiff
FURTHER
1. All monies received should be disbursed direct to or as directed by, the
Judgment Creditor (or their solicitor) as soon as practicable. Monies should
not be paid to the Magistrates Court.
2. Retain the third copy as their record.
Tip: Be wary of accepting a defendant’s personal cheque.
ESTABLISHING OWNERSHIP
This is the responsibility of the judgment creditor in all circumstances.
Where it is not provided the Assistant Bailiff can request that the judgment creditor
provide proof of ownership, such as Department of Transport search certificates in
relation to the ownership of motor vehicles, or title searches in relation to the land.
GOODS ON HIRE PURCHASE
Goods under ‘Hire Purchase’ agreements are the property of the hirer until final payment
has been made by the purchaser (judgment debtor). The Assistant Bailiff can only levy
on the right title and interest of the judgment debtor (purchaser) but cannot remove the
goods for sale unless the Court advises that the hirer renounces all claims under the hirepurchase agreement and agrees to the goods being sold.
The Assistant Bailiff should contact the District Registrar for instructions in these
circumstances.
Assistant Bailiff Guidelines
February 2007
Version 5
7
GOODS UNDER A BILL OF SALE
As with ‘goods under hire purchase’ the judgment debtor’s right title and interest in
‘goods under a Bill of Sale’ can be sold. The Assistant Bailiff should ensure he/she
seeks the appropriate legal advice in these circumstances.
WALKING POSSESSION
After a levy is made upon nominated goods, they can be placed on “walking possession”
i.e. not removed, but left with the judgment debtor. However the goods then become the
property of the court. The judgment debtor must sign the appropriate form allowing the
Assistant Bailiff to return and collect the goods, if the warrant is not satisfied. A copy of
a Walking Possession form is shown at Appendix 6.
Conditions may be attached to a “walking possession” levy to allow the judgment debtor
to continue to use the goods provided they are not disposed of, sold, or taken out of the
jurisdiction. It is recommended in such circumstances that the Assistant Bailiff ensures
that the judgment debtor carries insurance cover over the goods for the current market
value of the goods.
In some circumstances, it may be preferable that a motor vehicle placed on walking
possession should not be moved by the judgment debtor, and that the bailiff takes
possession of the keys and records the odometer reading.
Whilst every effort should be made to seize goods in the presence of the judgment
debtor, the judgment debtor need not be present when the Assistant Bailiff returns to
seize goods placed on walking possession. An Assistant Bailiff may only force entry
when returning to seize goods already levied, but should only do so in the company of a
Police Officer.
Tip - Do not limit the period of a walking possession, you may forget to renew it and lose the
levy. Goods, such as a motor vehicle, that are not insured should be seized for safekeeping .
SEIZURE OF GOODS
Goods seized in execution should be removed, by the appropriate expert, for safe
keeping, usually to the intended place of sale, ie an auction room, however it may be
necessary to place goods in storage pending sale. Storage costs are an Assistant Bailiff
expense and can be deducted from the proceeds of a sale.
Property such as a motor vehicle should be removed for safekeeping by a towage
contractor and not driven by the Assistant Bailiff or the judgment debtor. Towage fees
are expenses incurred in executing the warrant and would be deducted from the proceeds
of a sale.
Property (other than certain household goods) can be seized by the Assistant Bailiff on
their first visit and need no be placed on walking possession.
IMPORTANT - the Assistant Bailiff must act responsibly when seizing goods and
minimise the cost to the judgment debtor. For instance, if goods are seized in Burnie
Assistant Bailiff Guidelines
February 2007
Version 5
8
they should be stored and sold in Burnie and not transported to another location simply
because that is more convenient to the Assistant Bailiff.
STORAGE AND SAFEKEEPING OF GOODS UNDER SEIZURE
Property seized becomes the property of the court in the possession of the Assistant
Bailiff. Therefore all reasonable measures must be taken to safeguard that property.
Tip: When seizing a motor vehicle it is wise to fully inspect and record any defects or
property, such as audio equipment, that may be present. A claim later that the car was
damaged or had something removed either during towage or whilst in storage may be
difficult to answer.
DWELLINGS OR LAND LEVIED IN EXECUTION
Ownership should be confirmed, before levy, by provision to the Assistant Bailiff, by the
judgment creditor, of Title and Valuation details.
Enquiries with the judgment debtor, or by the title search, should establish the extent to
which the property may be mortgaged and who the mortgagor is.
It is only the judgment debtor’s equity in any real property that can be sold to recover the
execution debt. Therefore in the sale of land or a dwelling the interests of any mortgagor
must be protected as well as the interest of the judgment creditor.
Before proceeding to levy on a judgment debtor’s land, the Assistant Bailiff must furnish
a report to the District Registrar that there are no personal assets of the judgment debtor
that are capable of being seized.
Once the levy has been made, the District Registrar should be notified immediately. All
further action in relation to the sale of land or dwellings will be completed by the
District Registrar in conjunction with the Crown Solicitor.
Tip: The warrant requires that a levy on property may only occur after efforts to levy on personal
property are exhausted.
ADVERTISING

An Assistant Bailiff may sell a judgment debtor’s property after the expiration of
7 days from the date the property was seized. Rule 132 (1)

Property must be sold at a public auction or in a manner directed by the court.
Rule 132 (2)

Property must be advertised in the local daily paper 3 clear days before the day of
sale. Rule 132 (3)
Assistant Bailiff Guidelines
February 2007
Version 5
9

See Appendix 8 for the typical format of an advertisement.

The cost of any advertising is an Assistant Bailiff expense and is recovered from
the proceeds of sale.
Note: Property should not be advertised for sale until at least 7 days after seizure. If advertised for sale
before the 7 days has expired, and in the mean time, the judgment debtor satisfies the warrant then the cost
of advertising cannot be collected from the judgment debtor. This would then become a cost that the
Assistant Bailiff could be liable for.
SALE OF GOODS
No bailiff or other officer of the court shall, either for himself or as agent for any other
person, directly or indirectly, purchase any property at any sale under any process of the
Court. Rule 132 (4)
It has long been the practice to use public auction houses for the sale of goods. This
maximises public exposure and ensures the fairest price for the judgment debtor. Goods
of a perishable nature may be sold immediately on seizure.
Personal property may by consent in writing of the judgment debtor be sold by private
contract at any time.
Tip: It is a good idea, depending on the levy, to obtain a valuation from a qualified Motor Vehicle
Valuer of a motor vehicle before sale. This is a proper Assistant Bailiff expense.
BANKRUPTS
Bankruptcy Act 1966
Occasionally, the District Registrar is notified periodically by the Insolvency and Trustee
Services Australia (ITSA) or the registered trustee (usually a firm of accountants) that a
judgment debtor has become bankrupt while Court proceedings are in progress.
Where there are actions in progress with the court, the District Registrar will contact the
Assistant Bailiff in charge of the execution to return any process he/she may have.
Usually the judgment debtor will advise the Assistant Bailiff that he/she is a bankrupt,
and if so should be able to provide some proof of this. In these circumstances it is
advisable to check with ITSA with regard to the accuracy of the judgment debtor’s
statement. It may still be prudent to place property on walking possession where
confirmation of the bankruptcy is required.
Tip: If a judgment debtor has signed an Intention To Go Bankrupt all action is suspended for 7
days.
Assistant Bailiff Guidelines
February 2007
Version 5
10
NO EFFECTS
Often the judgment debtor will not have, or not be the owner of, sufficient goods for the
Assistant Bailiff to make a successful levy. A report to this effect, must be submitted to
the District Registrar with the warrant within 2 days of the attempted levy. The report
should detail the bailiff’s enquires regarding the ownership of property and the judgment
debtors income.
OTHER CLAIM OVER PROPERTY SEIZED
Assistant Bailiffs should be aware of the following Rules:
136. (1) Any person other than a judgment debtor is to give notice in writing to a bailiff
if that person claims any interest in –
(a) any debt or personal property taken or intended to be taken by the
bailiff in the execution of any process; or
(b) the proceeds of the execution of any process.
(2) The notice of claim is to state the person's address for service.
(3) A bailiff is to deliver the notice of claim to the judgment creditor as soon as
practicable.
(4) The judgment creditor, within 4 days after receiving the notice, is to give the
bailiff notice in writing as to whether the claim is admitted or disputed.
BAILIFF INTERPLEADER
Assistant Bailiffs should make themselves aware of rule 137, which states:
137. (1)
On receiving a notice from a judgment creditor admitting a claim under
rule 136(4), a bailiff may –
(a) withdraw from possession of the property claimed in the notice; and
(b) apply to the Court for an order restraining the bringing of an action
against the bailiff for or in respect of the bailiff having taken
possession of that property.
(2)
A bailiff may apply to the Court for relief by way of interpleader –
(a) on receipt of a notice from a judgment creditor disputing a claim; or
(b) if the judgment creditor fails to give notice to the bailiff under rule
136(4) within the period specified in that subrule.
(3)
A judgment creditor who admits a claim is only liable to a bailiff for any
costs, fees and expenses the bailiff incurs before receipt of the notice
admitting the claim.
Assistant Bailiff Guidelines
February 2007
Version 5
11
(4)
A bailiff's claim for costs, fees and expenses is not an interest in the property
for the purpose of interpleader proceedings.
Where the Assistant Bailiff does not consider sufficient proof of ownership is given by
the third party he/she must then advise the District Registrar who will issue a summons
calling those parties concerned before the court to determine the claim. It is not for the
Assistant Bailiff to prove ownership but for the judgment creditor to do so.
The property should remain on levy until the claim is decided.
ASSISTANT BAILIFF EXPENSES
Where the Assistant Bailiff has incurred expenses and is unable to recover from the sale
of personal property or lands sufficient to be reimbursed, then the judgment creditor
becomes responsible for the expenses incurred.
The Scale of Fees provides the fee for execution that can be charged to a judgment
debtor at the time of execution of a warrant. If execution is made by payment in full
direct to the Bailiff there are no further Bailiff expenses applicable other than the
prescribed execution fee. This fee is reviewed each financial year and you must therefore
check with the court on 1st July each year for the new fee.
If execution is made by the seizure and sale of property belonging to the judgment debtor
all necessary expenses involved in the seizure and sale, for instance, towage fees, storage
fees, insurance, advertising and auction fees are charges necessary in the execution and
are therefore legitimate expenses chargeable against the proceeds of the sale, together
with the execution fee mentioned above.
Proceeds of a sale together with the Warrant should be forwarded directly to the Court
that issued the Warrant of to Sell Property.
OTHER REASONABLE EXPENSES
The Assistant Bailiff can also apply to the District Registrar for any other reasonable
expenses incurred in the execution of the Warrant. For example, the levy may have been
placed on livestock such as a racehorse and the Assistant Bailiff had to send a number of
facsimiles to stud clubs to confirm stud registration regarding a proper sale price, and
also visit the animal at agistment each day for security reasons.
These extra expenses, if itemised and supported with receipts or logs, can be claimed
and may be allowed by the District Registrar.
CONCLUSION-: TO LEVY OR NOT TO LEVY
The Warrant to Sell Property that is forwarded to the Assistant Bailiff requires him/her
to collect the judgment debt and costs from the judgment debtor by ‘seizure and sale of
the personal property of the judgment debtor.’ Seizure of property usually involves
transport of that property, proper storage and safekeeping. The rules require that the
Assistant Bailiff Guidelines
February 2007
Version 5
12
property be sold at auction, that the sale be advertised etc. All these costs become costs
in the action and need to be redeemed from the sale of the property, together with
sufficient funds to cover the reason the warrant was issued i.e. the judgment debt.
Therefore when an Assistant Bailiff assesses what property to seize and sell, he/she must
consider the likely value of the property upon sale. That is, ask the question:
‘Will it cover the amount on the warrant, plus all the other costs involved in sale, or will
I end up only meeting the costs of the towage, storage, advertising and auction from the
sale of the property and not achieve the principal purpose of the Warrant –i.e. recovery
of the Judgment creditor’s judgment and costs?’
It has been known that the Court Bailiff has been instructed to seize the assets of the
judgment debtor, proceeded to sale, and after the costs involved in the seizure and sale
were deducted the Judgment creditor received the grand total of $5.00 towards the
judgment debt. This action had the effect of removing the only assets the judgment
debtor had that he could sell to pay out the debt.
In the circumstances, an explanation to the judgment debtor that if the Assistant Bailiff
sells the property at auction the outcome may not be to the judgment debtor’s advantage
because of the costs involved, but if the judgment debtor sells the property privately the
costs involved would be less and the amount recovered would all be able to be put to the
debt.
Assistant Bailiff Guidelines
February 2007
Version 5
13
LIST OF APPENDICES
1. Acknowledgement of Levy
2. Assistant Bailiff’s Ready Reference
3. Assistant Bailiff’s Report
4. Judgment Debtor Questionnaire
5. Warrant to Sell Property
6. Walking Possession Form & List of Goods seized
7. Frequent Service Documents – Guide Only
8. Advertisement – Bailiff’s Sale
Assistant Bailiff Guidelines
February 2007
Version 5
14
Appendix 1
ACKNOWLEDGMENT OF LEVY
TO ALL PERSONS:
TAKE NOTICE that the Assistant Bailiff at ____O’clock on this day has taken
possession and custody of the items of real and personal property listed below towards,
and in satisfaction of, a Warrant to Sell Property issuing out of the Magistrates Court in
Action No.________________
LIST
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
WARNING
If there is any interference, use or taking of the items listed above without the written
permission of the Assistant Bailiff, the person so using, interfering with or taking the
items may render him or herself liable to proceedings initiated under the Criminal Code
Act 1924 (as mended)
Dated this __________________________day of ______________________________
DISTRICT REGISTRAR
MAGISTRATES COURT OF TASMANIA
Assistant Bailiff Guidelines
February 2007
Version 5
15
Appendix 2
ASSISTANT BAILIFF’S READY REFERENCE
Initial steps:
Paper work received.
The warrant you receive must be stamped and signed by a Tasmanian Magistrates Court
together with a document titled Directions to Bailiff.
What you do next:
Make contact (attend) with Judgment Debtor to ascertain:
1. demeanour (i.e. hostile, aggressive etc.)
2. whether they intend to pay the outstanding monies or if full action will have to be
taken on the warrant. (eg with smaller debts the Judgment Debtor may be able to
make restitution or at least come to an arrangement with the Judgment Creditor/
those acting on behalf of the Judgment Creditor) to begin repayments in a timely
manner.
3. Allow a short period of time (eg 7 days) for one last opportunity for the Judgment
Debtor to pay the outstanding amount.
If payment is not made:
1. Visit the Judgment Debtor and complete a “Walking Possession” form
2. Seize items as noted on ‘Walking Possession’ form.
This form is a legal document and once completed means that the items listed therein
become the property of the Magistrates Court.
The Defendant is required to sign the “Walking Possession” form in acknowledgement
that they understand what it means.
A Walking Possession means:
1. the property listed cannot be sold, used or removed from the premises. In regard to
motor vehicles the keys should be taken and odometer reading recorded. The vehicle
should not be used from that time forward unless the Assistant Bailiff is satisfied that
the judgment debtor carries insurance cover for over the vehicle for its current
market value. This is so that the item retains the value estimated on the form - (ie
not involved in an accident/damaged).
2. it also provides the Assistant Bailiff the power to re-enter the premises to seize such
goods as recorded at a later time.
If the Judgement Debtor refuses to sign the Walking Possession form the goods
may be seized at that time and the Judgement Debtor given a copy of the warrant.
Assistant Bailiff Guidelines
February 2007
Version 5
16
Alternatively, a levy form may be completed and left with the defendant or a
resident over the age of 18 years at the premises, and does not require a signature
from the Judgement Debtor.
Examples of items that should be recorded/seized –
Televisions
Lounge suites
VCR/DVD players
Motor vehicles/Motor cycles
Stereo systems
Bicycles
Examples of items that cannot be recorded/seized (essential items)–
Clothing
Tools of trade up to a value of $3,000
Beds/bedding
Power for obstruction
If the Defendant refuses to allow entry to the residence or premises you should refer to
the Police Offences Act 1935,
Section 34B(2)(a), (b) and (c).
_
_
An Assistant Bailiff does not have a right of entry unless a walking possession
has been signed.
An Assistant Bailiff does not have right of entry to a dwelling if entry is barred
or refused by any person at that address.
No property of value
If there is no property of value for you to record on the “walking possession” form you
must:
1. submit a subject report outlining this and return it, with the warrant, to the court.
2. complete a ‘judgment debtor questionnaire’ which outlines the earnings,
dependants, financial commitments amongst other criteria of the Judgment Debtor
for the information of the Court/Judgment Creditor.
If the property is sold or destroyed after recording a walking possession
The Magistrates Court is the owner of the property (as explained to the Judgment Debtor
when the ”Walking possession” form was completed and signed)
_
If the property is sold or destroyed after the Walking Possession form was completed
and signed, contact the police. The police should then conduct a video interview with
the Judgment Debtor for the appropriate offence (eg Stealing under the Criminal
Code 1924 or Destroy/Injure Property under the Police Offences Act 1935:
If the estimated value of items is less than the costs estimated to be incurred
If the costs to be incurred outweigh the amount estimated to be recouped at the auction,
serious consideration needs to be given before taking any action to seize and sell
property.
In such a case, communicate this information to the Judgment Creditor so that they can
make a decision as to whether to proceed (ie towage/advertisement costs may take a large
portion of the profit estimated to be achieved at the auction ). The decision to proceed in these
circumstances is not to be made by the Assistant Bailiff.
Assistant Bailiff Guidelines
February 2007
Version 5
17
A valuation should be sought from an independent valuer if the item is of significant
value or of a unique nature to ensure that a reasonable valuation is obtained (this is a
recognised Bailiff expense and can be recouped from the sale of the levy).
Arranging an Auction
Allow 10 days from when items seized before you advertise.
An advertisement should be published in the local newspaper in the region. A copy of
the ad should also be displayed on the notice board at the local council office.
Allow a minimum of 3 days between the advertisement and the date of the auction. It is
preferable that Auctions of seized goods are conducted by licensed auctioneers who have
expertise in obtaining the best market price. Auctions should not be conducted by
bailiffs or Assistant Bailiffs themselves. Auction sales are held regularly at auctioneers
premises around the state. Alternatively, in country towns, the auction may be held at
the Police Station.(previously to be arranged by you). Alternatively, you may hold it
anywhere convenient.
Holding an Auction(if a licensed auctioneer is not available)
1. You must nominate a reasonable starting bid for each item to be auctioned.
2. The estimated value of the item that you had previously recorded on the ‘walking
possession’ form should be used as a guide.
3.
Buyers must be made aware that the price bid for an item does not include GST and
that the GST surcharge of 10% is to be added to the bid price (ie bid is $500, total cost
for item is $550 including GST)
4. If a bid is made that you are satisfied with (using reasonable judgement) you may
accept it.
5. The Judgment Debtor is not allowed to bid. However, if another person acts on his
behalf the bid can be accepted and payment received.
6. If there are further outstanding Warrants, the item can then be reseized, as it has
become an asset of the Judgment Debtor.
7. An auction can be held if only one person attends and makes a bid. Absentee bids
could still make the process competitive. However, acceptance of any bid will
require an assessment of the valuation assessment and other factors.
8.
If no one attends the auction; Write to the Judgment Creditor advising him/her of
this and :


Include any copies of any outstanding accounts (ie newspaper/towage/cartage),
with instructions to making payment for these expenses to the Magistrates Court.
seek instructions as to how to proceed with the property (ie return to the
Judgment Debtor or make another attempt to sell).
Assistant Bailiff Guidelines
February 2007
Version 5
18
Items cannot be readvertised and re-auctioned unless the Judgment Debtor consents or the
Judgment Creditor or his/her agent obtains a ‘writ of venditioni exponas’ from the Supreme
Court. A Writ of Vendition Expenses allows the property to be sold at any price that is
obtained, even if it is well below the valuation.
Goods may be transferred to another assistant bailiff’s region if it can be shown that it is in the
best interests of all parties concerned (i.e. a better price will be obtained for the levy at auction). If
the goods are auctioned by an independent auctioneer the Assistant Bailiff must be present to
authorise the sale and attend to any questions from prospective purchasers.
All documentation pertaining to this matter should be returned to the Magistrates Court.
Payment For Items Sold At Auction
 You must only accept a bank cheque or cash. Do not accept personal cheques.

Bank cheques must be made out to the Magistrates Court, Tasmania.

If payment cannot be made on the day an item will only be held for 48 hours.
Thereafter the property can be offered again for sale by auction. (see Annexure 8)

Items are not to be released until payment is made.
The Assistant Bailiff must complete an ‘Assignment’ form under the Magistrates (Civil
Division) Rules 1998 which transfers the legal ownership of an item of property from
the Judgment Debtor to the purchaser.
Payment Of Accounts From Sale Proceeds
All reasonable costs incurred in carrying out the instructions of a ‘warrant to sell
property’ are the responsibility of the Judgment Creditor or his/her solicitor/agent.
These include:
 Arranging for a removal company or similar to retrieve the items of property
being seized where appropriate (i.e. it is not appropriate to hire removalists to retrieve
items that could reasonably be transported in an Assistant Bailiff’s vehicle);

Towage of motor vehicles or motor cycles, they are not to be driven by Assistant
Bailiff’s; and

Payment of advertisements placed in newspapers.
Assistant Bailiffs are not removalists. Assistance should be obtained from an
appropriate external agency for the removal of large or heavy items.
In the event of a successful sale of the levied item or items the above costs may be
deducted first from the proceeds of the sale, before the balance is disbursed to the
Judgment Creditor.
Assistant Bailiff Guidelines
February 2007
Version 5
19
APPENDIX 3
ASSISTANT BAILIFF’S REPORT
ACTION NO.
In the Magistrates Court,
Hobart
JUDGMENT CREDITOR
BETWEEN:
JUDGMENT DEBTOR
DEBT: $
COSTS: $
TOTAL $.
Execution Levied By:___________________________________(Name Asst. Bailiff)
If not executed, why not? (no effects etc)______________________________________
If instructed to levy on any particular goods, state the goods._______________________
_______________________________________________________________________
RESULT
Goods levied upon and approximate value: $_____
If removed, where have goods been moved to:______________________________
If levied upon security not removable, what is the
security?_________________________
IF NO EFFECTS:
What goods and chattels did the Bailiff find on the premises?
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
To whom did these belong?_____________________________________________
____________________________________________________________________
If not the judgment debtor, what proof of other ownership was given to the Bailiff?
______________________________________________________________________
NOTE:
Please provide the Court with information regarding the judgment debtor’s assets if any.
Date:_________________
Assistant Bailiff___________________
THIS FORM MUST BE COMPLETED BY THE ASSISTANT BAILIFF AND
RETURNED WITH THE WARRANT TO SELL PROPERTY, TO THE
DISTRICT REGISTRAR OF THE COURT.
Assistant Bailiff Guidelines
February 2007
Version 5
20
Appendix 4
JUDGMENT DEBTOR QUESTIONNAIRE
DATE
WARRANT NO.
FULL NAME:
ADDRESS:
HOME TELEPHONE NO
ARE YOU MARRIED?
BUSINESS TELEPHONE NO
YES ( ) NO ( )
HOW MANY CHILDREN?
ARE YOU UNEMPLOYED? YES ( ) NO ( )
FOR HOW LONG?
ARE YOU BANKRUPT? YES ( ) NO ( ) DO YOU RECEIVE UNEMPLOYMENT BENEFITS? YES ( ) NO ( )
WHAT IS YOUR EMPLOYER’S NAME?
HOW MUCH PER FORTNIGHT?$
IF SELF EMPLOYED, WHAT IS YOUR BUSINESS?
FROM WHERE DO YOU OPERATE?
ARE YOU RENTING OR BUYING YOUR HOME?
IF RENTING, WHAT IS THE WEEKLY/FORTNIGHTLY/MONTHLY RENT? $
IF BUYING – WHAT ARE YOUR MONTHLY REPAYMENTS? $
THROUGH WHICH FINANCIAL INSTITUTION?
OR DO YOU OWN YOUR HOME FREEHOLD?
YES ( ) NO ( )
DO YOU OWN ANY OTHER REAL ESTATE?
YES ( ) NO ( )
WHERE?
ANY MORTGAGES? YES ( ) NO ( ) AT WHICH FINANCIAL INSTITUTION?
DO YOU OWN A MOTOR VEHICLE? YES ( ) NO ( ) MAKE, MODEL AND REGISTRATION
NUMBER_________________________
DO YOU OWN MORE THAN ONE VEHICLE? YES ( ) NO ( ) MAKE, MODEL AND REGISTRATION
NUMBER_____________________________IS THERE A LEASE OR HP AGREEMENT? YES ( ) NO ( )
AT WHICH INSTITUTION?
WHAT ARE YOUR REPAYMENTS?$
DO YOU OWN A BOAT?
HOW MANY REPAYMENTS REMAIN OUTSTANDING?______
YES ( ) NO ( ) DO YOU OWN A CARAVAN?
YES ( ) NO ( )
DO YOU OWN A LOUNGE SUITE?
YES ( ) NO ( ) REFRIDGERATOR?
YES ( ) NO ( )
FREEZER?
YES ( ) NO ( ) VCR/DVD?
YES ( ) NO ( )
TELEVISION?
YES ( ) NO ( ) STEREO SYSTEM?
YES ( ) NO ( )
HAVE YOU ANY OTHER HOUSEHOLD GOODS? E.G PAINTINGS, DRYER, CHAIRS, COFFEE TABLES, ETC
YES ( ) NO ( ) (UNDERLINE THOSE WHICH ARE FREEHOLD, AND ADD ANY FURTHER ITEMS BELOW)
DO YOU HAVE ANY SAVINGS? YES ( ) NO ( )
WITH WHICH FINANCIAL INSTITUTION?
DOES YOUR HUSBAND/WIFE WORK? YES ( ) NO ( ) WHERE?
DO YOU HAVE ANY OTHER COMMITMENTS? CREDIT CARD ACCOUNTS, STORE ACCOUNTS,
PERSONAL LOANS?
YES ( ) NO ( )
PLEASE STATE DETAILS, NOTING REPAYMENTS EACH MONTH:________________________
Assistant Bailiff Guidelines
February 2007
Version 5
21
TASMANIA
Appendix 5
MAGISTRATES COURT (CIVIL DIVISION)
FORM 23
WARRANT TO SELL PROPERTY
MAGISTRATES COURT
Address:
Phone No:
Fax No:
ACTION No.
CLAIMANT
(Name only)
DEFENDANT
(Name only)
Balance owing after payments
plus interest since last process
plus filing fee
plus service fee
plus solicitors costs
other
TOTAL OWING
$
$
$
$
$
$
$
..........
..........
..........
..........
..........
..........
..........
plus interest on the balance accruing from the date of issue
plus the costs of executing this Warrant
(Judgment debtor) Name ………….……….….................................................................………............
Address: ……................................................…………………..................................……………………
Owes (judgment creditor) Name...............................................………………….........................……......
Address: …………………………......................................................................…………………............
Total owing: $
TO THE BAILIFF: - You are directed to:
1) Sell such of the real and personal property of the defendant as are within the State of Tasmania to satisfy
the above total owing plus interest until you receive payment plus the costs of executing this Warrant.
2) Payments received from (1) above must be disbursed as follows:
by cheque to:__________________________________________________________(name & address)
paid into account No.__________________in the name of ______________________________
at (name of the bank and location)__________________________________________________
3) Report in writing to the above Registry of the Court concerning your execution or attempted execution of
this Warrant and the results thereof. The Warrant must be returned to the Court with your Report.
PAYMENTS RECEIVED ARE NOT TO BE DISBURSED THROUGH THE MAGISTRATESCOURT
OR THE POLICE DEPARTMENT.
PAYMENT RECEIVED MAYBE DISBURSED THROUGH SERVICE TASMANIA.
ACCOUNT/PRODUCT CODE ‘WSP’ ‘WARRANT TO SELL PROPERTY’
Date of Issue:
............................................District Registrar
(COURT SEAL)
Specify known property of the judgment debtor:
Filed by or on behalf of ..................…………...............................................whose address for the service of
documents is: ..........................................................................
Phone:
Fax:
DX:
Contact:
Assistant Bailiff Guidelines
February 2007
Version 5
22
.
Appendix 6
IN THE, MAGISTRATES COURT (CIVIL DIVISION)
HELD AT …………………………
No: ………………….
BETWEEN
......................................................................................................... JUDGMENT CREDITOR
AND
.............................................................................................................. JUDGMENT DEBTOR
BAILIFF’S LEVY – WALKING POSSESSION – NOTICE AND ACKNOWLEDGMENT
To: The Judgment Debtor
You are advised that pursuant to a Warrant to Sell Property I have applied a levy upon your goods
specified in schedule 1 below (“the goods”) in order to satisfy the judgment debt payable by you in
this matter.
Instead of removing the goods from your possession for immediate sale, I am allowing you to have
“walking possession” of the goods subject to this levy. Your walking possession is subject to any
conditions listed in schedule 2 below.
On the _______day of ______________ I shall return to remove the goods subject to this levy
unless in the meantime you have satisfied the judgment debt, or made satisfactory arrangements
with the Judgment Creditor.
Failure to comply with the conditions of this “walking possession” levy will render you liable to
prosecution for a crime under the Criminal Code 1924
SCHEDULE 1
LIST OF GOODS LEVIED
Assistant Bailiff Guidelines
February 2007
Version 5
23
SCHEDULE 2
CONDITIONS
1. You must not sell, damage, or destroy the goods.
2. You must not remove the goods from:
• Tasmania ; OR
• Specified region: ____________________________
Dated this ………….day of …………………………
…………………………………………
(Assistant Bailiff)
I acknowledge receipt of the Notice and understand its contents
……………………………………….
(Judgment Debtor)
Assistant Bailiff Guidelines
February 2007
Version 5
24
FREQUENT SERVICE DOCUMENTS – GUIDE ONLY
Appendix 7
Title and Act
Number of
copies
Purpose
Method of Service
Claim
Magistrates Court
(Civil Division) Act
1992
Original and one
for each
defendant.
Requires the defendant to
respond in answer to a
claim
As provided by the
Magistrates Courts (Civil
Division) Rules 1998 r.40
Judgment Summons
Debtors Act
1870
Original and one
for the Judgment
Debtor
Requires the Judgment
Debtor- to attend Court.
Personal Service only.
Record the method of
identification
Summons to a
witness. Magistrates
Court (Civil Division)
Rues 1998 - Rule 40
(2)
Original and one
for the party to be
served.
Requires attendance by a
witness at Court.
Personal service only
Interpleader.
Summons
Magistrates Court
(Civil Division) Rules
Original and one
for the party to be
served
Appearance at Court
hearing regarding claim on
property held by bailiff or
Assistant Bailiff.
In the same manner as a
claim.
Order. Applicable Act,
usually endorsed as a
heading on the order.
Original and one
for the party to be
served
Notification to a party of a
Court order.
As provided by the
service rules of the
applicable Act.
Garnishee Order Nisi
Original and two
copies for the
Garnishee
Attachment of wages or
salary to recover judgment
debt.
As provided in the
Magistrates Court (Civil
Division) Rules 1998.
Must be the registered
office or place of
business of Garnishee.
On the affidavit of service
endorse the title of the
person served.
Serve in time for the
Garnishee to file a defence 5
days before the court date.
Order Absolute for
Attachment of Salary.
Magistrates Court
(Civil Division) Rules
1998
Notice
ie Notice of Hearing
Various Acts.
Original and one
copy for the
Garnishee.
Confirmation
order for Attachment of
wages or salary to recover
judgment debt.
As provided in the
Magistrates Court (Civil
Division) Rules 1998.
On the affidavit of service
endorse the title of the
person served.
Original and one
for the party to be
served.
Varies.
There may be
instructions from the
District Registrar that
accompany the notice.
Bill of Costs
Original and one
for the party being
served.
Advice of the date of
taxation of the particulars
in the Bill.
Where possible personal
or as provided in the
Rules of Practice.
Magistrates Court
(Civil Division)
Rules 1998
Assistant Bailiff Guidelines
February 2007
Version 5
Special rules applicable to
this particular document
Served at a reasonable time
before the actual hearing
and in time for notification to
reach the registry that
service was affected.
Served at least 4 days
before the date fixed for
attendance of the witness
Must be served at least 5
days before the Court date.
Return of service
Comment
The court only requires a
return of service once the
claim has been defended or
judgment is to be entered
Promptly return the original,
with a completed affidavit of
service, to the issuing
registry. Endorse place and
time of service.
Promptly return the original,
with a completed affidavit of
service, to the issuing
registry.
Endorse place and time of
service.
If the defendant is a
company, see r. 40 (i) (d).
Promptly return the original,
with a completed affidavit of
service, to the issuing
registry. Endorse place and
time of service.
If service appears unlikely
before the Court date contact
the Court or party issuing
and inform them.
Promptly return the original,
with a completed affidavit of
service, to the issuing
registry.
and
Promptly Endorse
return theplace
original,
time
service. affidavit of
with aofcompleted
The order may include
instruction regarding service
ie personal, within 7 days
etc.
Where possible service
service, to the issuing
registry. Endorse place and
time of service.
Promptly return the original,
with a completed affidavit of
service, to the issuing
registry.
Endorse place and time of
service.
A
return of service is usually
necessary.
Conduct money should
accompany the summons. If
service appears unlikely
before the Court date notify
the registry.
If service appears unlikely
before the Court date contact
the Court or party issuing
and inform them.
should be directly on the
paymaster or employer.
If possible on the person the
previous order was served
on.
Complete an affidavit of
service and return it to the
party requesting service.
25
25
Appendix 8
ADVERTISEMENT
BAILIFF’S SALE
TAKE NOTICE that the goods described in the Schedule, and seized pursuant to
Warrant to Sell property No________________, will be offered for sale by public
auction at ___(address)_____ on _____(date)______ at ____(time)_____.
(Signed) _________________, Assistant Bailiff.
SCHEDULE
Television, DVD Player, Lounge Suite etc
Assistant Bailiff Guidelines
February 2007
Version 5
26
Glossary of Terms
Act
Legislation (laws) duly made and passed by the Tasmanian Parliament.
Action
A matter in progress in a court
Affidavit
A written statement sworn by the maker- the ‘deponent’ before a person who
has authority to administer an oath
Assistant
A person duly appointed pursuant to Section 15A of the Magistrates Court
Bailiff
(Civil Division) Act 1992
Administrator
Means the Administrator of the Magistrates Court.
Attachment of
Results from an order of the court to attach the salary or wages of a person
Salary
Attachment of
Results from an order of the court to attach a debt (sum of money) owing to a
Debt
Judgment Debtor
Bailiff
A person duly appointed pursuant to Section 15 of the Magistrates Court (Civil
Division) Act 1992. All police officers are bailiffs by virtue of their position.
Bailiff
The reasonable expenses incurred in the execution of a warrant or other
Expenses
enforcement process.
Claim
The originating document which outlines the substance and amount of the
claim made against the defendant by the claimant.
Claimant
The person, persons or party who institutes a civil proceeding.
Costs
Charges incurred for legal representation to pursue or defending a claim.
Conduct
An amount of money sufficient to enable the Judgment Debtor to attend court
Money
to answer a Judgment Summons. Provided by the claimant, accompanies the
summons, and is delivered at the time of service.
Default
A judgment entered because the defendant has not filed a defence, or
Judgment
complied with a specific Court order, within the prescribed time. A District
Registrar enters this judgment without the need for any trial by the court.
Defendant
A person, persons or company summoned to answer a claim.
Defence
A written response to a claim, is lodged by a defendant or their agent
District
Means a District Registrar appointed under the Magistrates Court Act 1987,
Registrar
District Registrars are appointed for the four lower Court districts i.e. Hobart,
Launceston, Devonport and Burnie.
Execution
After judgment and during the execution of enforcement proceedings the
Debtor
defendant is often referred to as the execution debtor, or judgment debtor.
Execution
The act of carrying into effect a judgment or order which compel a person to
do or pay what has been adjudged. (e.g. filing fees)
Fees
Those charges, set by Regulation, as administrative expenses charged by a
court and usually added to the costs of an action.
Garnishee
The person, employer or other party upon whom an Attachment of Salary or
Debt is served binding them to act in the terms of the order.
Gazette
Tasmanian Government Gazette. Published weekly by the Printing Authority of
Tasmania.
Interpleader
Proceedings brought by a bailiff or assistant bailiff to determine who, as
between two or more people, is entitled to property which has been levied
upon. Occasionally arises when a third party claims to own property that is
apparently in the possession of a judgment debtor.
Judgment
A declaration, decree, decision or order of the court
Judgment
The party to whom judgment monies are owed and paid,
Creditor
Judgment
The party who is found to owe the judgment monies.
Debtor
Judgment
A summons issued pursuant to the Debtors Act 1870, for a judgment debtor to
Summons
attend court and be examined as to their means to pay the judgment debt. See
also “Oral Examination”
Levy
The imposition of restrictions on dealing with specified property owned by the
judgment debtor (defendant) pending payment or further enforcement action.
Assistant Bailiff Guidelines
February 2007
Version 5
27
Magistrates
Court
Oral
Examination
Party
Process
Property
Regulations
Rules
(Statutory)
Service
Seizure
Stay or
Stay of
Execution
Summons to
Witness
Walking
Possession
Warrant to Sell
Property
The title of the lower court for the pursuit of civil matters in the State of
Tasmania. Where the value of the dispute does not exceed a prescribed value
($20,000 at the time of publishing these Guidelines).
A method of cross-examining a judgment debtor on oath about his/her/its
available financial resources to satisfy the judgment sum. This method relies
on the Supreme Court Rules 2000, Part 35. Similar to Judgment Summons.
Usually the claimant or defendant in proceedings, and in some instances a
third party or solicitor acting on behalf of that party.
Documents issued by the District Registrar of the court
Means personal or real (house and land) property
Subordinate legislation applicable to an Act of Parliament. Usually covers
procedural /administrative matters.
Subordinate legislation applicable to an Act of Parliament. Usually covers
procedural / administrative matters.
The action of delivering a document (pursuant to the appropriate rules of court)
to the nominated party.
Removal of goods for intended sale under a warrant to sell property.
An instruction issued by the District Registrar to a bailiff or assistant bailiff
requesting they cease any further action on a warrant to sell property. It may
also involve the release of any property seized and return of the warrant to the
court.
Notification to a party to attend as a witness at a court hearing.
Goods placed on walking possession become the property of the court but are
left in the care and control of the judgment debtor for a specified period. There
is a form called a Walking Possession see Appendix 6.
A document issued by the District Registrar authorising a bailiff, or assistant
bailiff, to seize the property of the judgment debtor for sale to recover the
judgment debt.
Assistant Bailiff Guidelines
February 2007
Version 5
28