Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
applicant means a person applying for an order or
warrant under this Act;
debt means any sum of money, whether liquidated or
not and whether pursuant to an order or judgment or otherwise, that is due and
legally recoverable in the State or for which a person has a cause of action
in the State, and indebted has a corresponding meaning;
debtor means —
(a) in
relation to proceedings under Part II, a natural person who an applicant
alleges is indebted to the applicant; and
(b) in
relation to proceedings under Part III, a person, whether a natural person or
a body corporate, who or which an applicant alleges is indebted to the
applicant;
judicial officer means —
(a) in
relation to the Supreme Court, a Judge, a Master, the Principal Registrar, or
a Registrar of the Supreme Court duly appointed under the
Supreme Court Act 1935 or a duly appointed acting Judge, auxiliary Judge,
acting Master, acting Principal Registrar, or acting or Deputy Registrar of
the Supreme Court;
(b) in
relation to the District Court, a Judge, acting Judge or auxiliary Judge of
that court or —
(i)
where that court sits at Perth, the Registrar of that
court;
(ii)
where that court sits at any place other than Perth, the
Deputy Registrar of that court sitting at that other place;
property means real or personal property and
includes any legal or equitable interest in such property.
(2) A reference in
this Act to the transfer of property includes a reference to the sale, or the
assignment otherwise than for valuable consideration, of that property.
(3) For the purposes
of Part II, a person or a court, as the case may be, is satisfied as to all
material matters in relation to an application concerning a debtor if he or it
is satisfied that there are reasonable grounds for believing
that —
(a) the
debtor is indebted to the applicant;
(b) the
debtor is about to leave the State;
(c) the
absence of the debtor from the State would defeat, endanger, or materially
prejudice the prosecution of the claimant's cause of action or the prospects
of enforcing a judgment;
(d) the
alleged debt is for an amount not less than $500 or such greater amount as may
be prescribed; and
(e) the
application has been made within a reasonable time after the circumstances
relied on as evidence of the debtor's intention to leave the State came to the
knowledge of the applicant.
(4) For the purposes
of Part III, a court is satisfied as to all material matters in relation to an
application concerning a debtor if it is satisfied that there are reasonable
grounds for believing that —
(a) the
debtor is indebted to the applicant;
(b) the
debtor has property situated in the State;
(c)
property of the debtor is about to be —
(i)
transferred; or
(ii)
removed from the State;
(d)
transfer of, or removal from the State of, the property would defeat,
endanger, or materially prejudice the prosecution of the claimant's cause of
action or the prospects of enforcing a judgment;
(e) the
alleged debt is for an amount that is not less than $500 or such greater
amount as may be prescribed; and
(f) the
application has been made within a reasonable time after the circumstances
relied on as evidence of the impending transfer or removal from the State of
property came to the knowledge of the applicant.
[Section 3 amended by No. 23 of 1997
s. 18.]
[ 4. Deleted by No. 28
of 2003 s. 126(2).]