Writs in Debt Colleciton

New South Wales

Prerequisites	Judgment
Execution Method	Execution by the Sheriff
Valid for	12 Months
Official Name	Writ for Levy of Property

Notes for New South Wales;
Sheriff cannot seize:

• Personal clothing & bedding
• Tools of trade

Victoria

Prerequisites	Judgment
Execution Method	Execution by Sheriff
Valid for	12 months
Official Name	Warrant to Seize Property

Notes for Victoria;
Sheriff cannot seize:

• Personal clothing & bedding
• Tools of trade

Queensland

Prerequisites	Judgment
Execution Method	Execution by Bailiff
Valid for	12 months
Official Name	Warrant of Seizure & Sale

Notes for Queensland;

Bailiff cannot seize:

Personal clothing,  bedding & Tools of trade

South Australia

 

Prerequisites	Judgment
Execution Method	Execution by Sheriff
Valid for	12 Months
Official Name	Warrant of Sale

Notes for South Australia;

Sheriff cannot seize:

Personal clothing, bedding & Tools of trade
Warrants of Sale are executed against personal property prior to proceeding against real property

Tasmania

Prerequisites	Judgment
Execution Method	Execution by Bailiff
Valid for	12 months
Official Name	Warrant to Seize & Sell Property

Notes for Tasmania:
Any personal property to be sold before  real property
Bailiff cannot seize:Personal clothing & bedding, Tools of trade

Western Australia

Prerequisites	Judgment / Means Inquiry
Execution Method	Execution by Bailiff
Valid for	12 months
Official Name	Property (Seizure and Sale) Order

Notes for Western Australia:
A Judgment Debtor’s saleable interest in any real estate property must not be sold unless the Bailiff is satisfied that the sale of personal property will not be sufficient to satisfy the Judgment.

Bailiff cannot seize:

• Wearing apparel of the judgment debtor to the value of $1,250.
• Wearing apparel of a dependant of the Judgment Debtor to the value of $1,250.
• Family diaries, photographs and portraits.
• Medical and dental aids and equipment.
• Kitchen, dining furniture and implements up to a value of $1,250.
• Bedroom furniture and bedding up to a value of $500.
• Bedroom furniture and bedding of the Judgment Debtor’s dependents up to a value of $200.
• Laundry equipment up to a value of $200.
• Electrical goods used for family entertainment to a value of $300.
• Ordinary tools of trade, plant and equipment,
• professional instruments and reference books to the value of $2,500, which are used by the Judgment Debtor to earn income by personal exertion.
• Refer here for a case study on a successful Writ

Northern Territory

Prerequisites	Judgment
Execution Method	Execution by Bailiff
Valid for	12 months
Official Name	Warrant of Seizure & Sale

Notes for Northern Territory;
Sheriff cannot seize:
Personal clothing, bedding & Tools of trade

Australian Capital Territory

Prerequisites	Judgment
Execution Method	Execution by the Sheriff
Valid for	12 Months
Official Name	Seizure and Sale Order

Notes for ACT;
Sheriff cannot seize:
Personal clothing, bedding & Tools of trade