Western Australian Consolidated Acts

CIVIL JUDGMENTS ENFORCEMENT ACT 2004 - SECT 9

9 .         Applying to a court under this Act

        (1)         An application or request that may be made under this Act to a court in relation to a judgment must be made —

            (a)         to the court that gave the judgment; and

            (b)         at the registry of that court where the documents relating to the action or matter in which the judgment was given are being held, unless the court gives permission for the application or request to be made at another registry.

        (2)         An application or request that may be made under this Act must be made in accordance with the regulations.

        (3)         Rules of court made by a court referred to in section 5 may prescribe applications and requests that, when made to the court under this Act, may be dealt with by an officer of that court, other than an officer who may constitute the court, who is prescribed by the rules for that purpose.

        (4)         A person who is dissatisfied by a decision of an officer of a court, who is prescribed under subsection (3), made on an application or request dealt with by the officer may apply to the court for a review of the decision.

        (5)         The application under subsection (4) must be made —

            (a)         in accordance with rules of court made by the court; and

            (b)         within 21 days after the date of the officer’s decision.

        (6)         The court may extend the 21 day period and may do so even if it has expired.

        (7)         The review is to be by way of a new hearing of the issue that was before the officer.

        (8)         On the review the court may confirm the officer’s decision or set it aside and make any decision that the officer could have made, and may do so on terms as to costs or otherwise.