Part 22Transitional provisions

Part 22 — Transitional provisions Division 1 — Provisions about enforcing judgments 143. Interpretation (1) In this Part — commencement means the commencement of this Part; court fee, for an application, does not include any fee payable in connection with serving the application to the Sheriff or any other person; enforcement process means any writ, warrant, order, or other process, issued by a court for or in connection with enforcing a judgment or order of the court. (2) This Part does not limit the operation of the *Interpretation Act 1984* Part V. 144. Judgments not satisfied before commencement If immediately before commencement a judgment of the Supreme Court, District Court or Local Court is unsatisfied, then on commencement — (a) if any proceedings for or in connection with enforcing the judgment are pending in a court, section 145 applies; (aa) if any enforcement process is in force in relation to the judgment, section 146 applies; (b) otherwise, the judgment may be enforced under and subject to the *Civil Judgments Enforcement Act 2004*. *[Section 144 amended: No. 5 of 2008 s. 24.]* 145. Pending proceedings to enforce a judgment (1) If immediately before commencement proceedings for or in connection with enforcing a judgment are pending in a court, then on commencement either — (a) the proceedings may be continued under the law in force immediately before commencement, despite the enactment of the *Civil Judgments Enforcement Act 2004*; or (b) the person entitled to the benefit of the judgment may discontinue the proceedings and commence proceedings under the *Civil Judgments Enforcement Act 2004* to enforce the judgment. (2) If proceedings are continued under subsection (1)(a) — (a) no enforcement process may be issued under the law in force immediately before commencement for or in connection with enforcing the judgment; but (b) subject to the *Civil Judgments Enforcement Act 2004*, the court may make any order under that Act that substantially corresponds with any order that the court could have made in the proceedings under the law in force immediately before commencement. (3) If proceedings under the *Supreme Court Act 1935* section 126(2) or the *Local Courts Act 1904* section 130 are continued under subsection (1)(a), they are to be taken to be a means inquiry held under the *Civil Judgments Enforcement Act 2004* for the purposes of subsection (2)(b). (4) Subsection (2)(a) does not prevent the issue of any warrant or writ in connection with conducting any proceedings that are continued under subsection (1)(a). (5) No court fee shall be payable for commencing proceedings as permitted by subsection (1)(b) by a person who has discontinued proceedings as permitted by that subsection. 146. Pending process to enforce a judgment (1) If immediately before commencement any enforcement process is in force, then on commencement the process continues in force under the law in force immediately before commencement until — (a) the process ceases to be in force under that law; (b) the process ceases to be in force under subsection (6)(a); or (c) the expiry of 12 months after commencement, whichever happens first, and may be served, dealt with, or executed, under the law in force immediately before commencement which continues to apply to and in respect of the process. (2) If — (a) on commencement a copy of a writ of *fieri facias* is in the Register maintained under the *Transfer of Land Act 1893*, having been served on the Registrar and entered in that Register under section 133 of that Act; or (b) after commencement a copy of a writ of *fieri facias* is entered in that Register under section 133 of that Act, having been served on the Registrar under that section, then — (c) despite subsection (1) the *Transfer of Land Act 1893* section 133 (as inserted by this Act) applies to and in respect of the writ as if the writ were a property (seizure and sale) order that had been — (i) issued under the *Civil Judgments Enforcement Act 2004*; and (ii) registered under the *Transfer of Land Act 1893* section 133 (as inserted by this Act) at the time when the copy of the writ was so served; (d) if the sale period referred to in the *Transfer of Land Act 1893* section 133 (as inserted by this Act) in respect of the writ expires at a time after the writ ceases to be in force under the law in force immediately before commencement, the writ is to be taken to remain in force until the sale period expires, despite that law; and (e) subject to paragraphs (c) and (d), subsection (1) applies to and in respect of the writ. (3) In subsection (2), a reference to a writ of *fieri facias* includes a reference to a warrant of execution issued out of a Local Court under the *Local Courts Act 1904*. (4) If immediately before commencement any enforcement process is in force but unexecuted, the person for whose benefit the process was issued may apply for an order under the *Civil Judgments Enforcement Act 2004* to enforce the judgment or order. (5) No court fee shall be payable on making an application under subsection (4) for an order under the *Civil Judgments Enforcement Act 2004*. (6) If on an application made under subsection (4) an order is made under the *Civil Judgments Enforcement Act 2004* — (a) the unexecuted process referred to in subsection (4) ceases to be in force; and (b) the order made under the *Civil Judgments Enforcement Act 2004* has the same priority as the unexecuted process referred to in subsection (4) has immediately before it ceases to be in force under paragraph (a). 147. Existing bailiffs and their assistants, termination of appointment etc. (1) On commencement the following offices are abolished and the persons holding them cease to do so — (a) a bailiff appointed under the *District Court of Western Australia Act 1969* section 28(1); (b) a person appointed under the *District Court of Western Australia Act 1969* section 28(2) by a bailiff to assist the bailiff; (c) a bailiff appointed under the *Local Courts Act 1904* section 16; (d) a person appointed under the *Local Courts Act 1904* section 16 by a bailiff to assist the bailiff. (2) If immediately before commencement a person who is not a police officer is a bailiff appointed under the *Local Courts Act 1904* section 16, then on commencement the person is entitled to be appointed as a bailiff under the *Civil Judgments Enforcement Act 2004* section 107 for a term of 5 years as from commencement. (3) If immediately before commencement a person who is a police officer is — (a) a bailiff appointed under the *District Court of Western Australia Act 1969* section 28(1); or (b) a bailiff appointed under the *Local Courts Act 1904* section 16, then on commencement the person is taken to have been appointed as a bailiff under the *Civil Judgments Enforcement Act 2004* section 107. Division 2 — General 148. Transitional regulations (1) If this Act does not provide sufficiently for a matter or issue of a transitional nature that arises as a result of the repeal or amendment of any Act by this Act and the coming into operation of any of the Acts referred to in section 3, the Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed for providing for the matter or issue. (2) Regulations made under subsection (1) may be expressed to have effect before the day on which they are published in the *Gazette*. (3) To the extent that a provision of regulations made under subsection (1) has effect before the day on which it is published in the *Gazette*, it does not — (a) affect in a manner prejudicial to any person (other than the State or an agency of the State) the rights of that person existing before the day of publication; or (b) impose liabilities on any person (other than the State or an agency of the State) in respect of anything done or omitted to be done before the day of publication.