A warrant of execution is a process of the Court which issues to enforce a judgment or Order of the Court. There are three types of warrants:
- Warrant of Seizure and Sale (Order 69): to enforce a judgment for the payment of money other than into Court and directs the Sheriff to take and sell the property of the person bound.
- Warrant of Possession (Order 70): to enforce a judgment for possession and directs the Sheriff to cause the plaintiff to have possession of the subject land.
- Warrant of Delivery (Order 66): to enforce a judgment for the delivery of goods and a judgment for the delivery of goods or the payment of their assessed value. This directs the Sheriff to cause the subject goods to be delivered to the plaintiff or, if the Sheriff cannot do this to levy the property of the person bound for the assessed value of the goods.
The following documents must be filed:
1. A form of the Warrant (one of the following).
- Supreme Court Judgment for Debt: (68A)
- Supreme Court Judgment for Possession of Land: (68B)
- Supreme Court Judgment for Delivery of Goods: (68C)
- Magistrates' Court Order: (this is a modified version of Form 68A, and a draft format is available from the Registry)
2. A copy of the warrant.
3. Where the warrant is to enforce payment of money, an affidavit in support sworn within 14 days before the request, stating:
- the date of the judgment,
- the amount for which the judgment was entered or given,
- the amount, including any interest accrued and any costs, due and payable in respect of the judgment at the date of swearing of the affidavit with particulars showing how that amount is calculated or made up (ie: each calculation to identify the debt, interest rate and number of days),
- the daily amount of interest, if any, which, subject to any future payment under the judgment, will accrue after the date of swearing the affidavit in respect of the judgment amount and costs (this is calculated on the balance of the judgment).
4. Where the warrant is to enforce a Magistrates' Court Order, a sealed Certificate for the Supreme Court (issued by the Magistrates' Court).
Contact: Deputy Prothonotary - Tel: 8600 2004