Civil Procedure Act 2005
134Stale judgments and orders enforceable only by leave
Start here
Get a plain-English read of 134
Turn the raw legal text into a practical explanation grounded in Civil Procedure Act 2005.
134 Stale judgments and orders enforceable only by leave
134 Stale judgments and orders enforceable only by leave
(cf Act No 9 1973, section 84A)
(1) An application by a judgment creditor for—
(a) a writ of execution, or
(b) a garnishee order, or
(c) a charging order, or
(d) an order for examination,
may not be made, except by leave of the court, if the prescribed period has elapsed since the judgment was given or (in the case of a judgment, order or decree referred to in section 133 (2)) was registered as referred to in section 133 (2).
(2) In this section, prescribed period means 12 years or, if the uniform rules prescribe a different period, the period so prescribed.
pt 2A, divs 1–6 (ss 18A–18O): Ins 2010 No 135, Sch 6.2 [2]. Rep 2013 No 1, Sch 1.6 [2].