Western Australian Consolidated Regulations

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CIVIL JUDGMENTS ENFORCEMENT REGULATIONS 2005 - REG 49

49 .         Application by the Sheriff

        (1)         An application under the Act section 84(2) must be made in an approved form.

        (2)         If the Sheriff makes an application under the Act section 84(2), the court to which the application is made must give by ordinary service notice of the place and time of the hearing to —

            (a)         the Sheriff;

            (b)         the judgment creditor; and

            (c)         the claimant.

        (3)         If the claimant files notice of withdrawal of the claim in the court and gives notice in writing of the withdrawal to the Sheriff before the time of the hearing, the property seized by the Sheriff or the proceeds of the sale of the property must be dealt with and disposed of as if the claim had not been made.



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