enforcement
enforcement
Enforcement | Magistrates Court | District and Supreme Courts | Legislation | Fines Payment Unit
The Sheriff is the statutory officer appointed to enforce orders of the court. The Sheriff is responsible for the enforcement of all civil processes issued from the Supreme, District and Magistrates Courts of South Australia.
The Sheriff has officers appointed on a contract basis to execute civil processes. Approximately 50 officers serve documents and execute warrants in the metropolitan area. Officers are also appointed to country regions, enabling the Sheriff to enforce orders of the court anywhere in the State.
Pursuant to Section 6 of the Sheriff’s Act, the Sheriff is able to appoint Deputy Sheriffs for the purpose of the day to day management of civil enforcement. Deputy Sheriffs are authorised to appoint Sheriff’s officers to enforce the civil orders issued by the courts; Sheriff’s officers are appointed on a contract basis which is be renewed annually based on performance.
The Sheriff’s Office also provides a facility for the service of documents any where in the State. Any person who requires documents to be served can contact the Sheriff’s Office by telephoning 61 8 8204 0155.
Registrars of Magistrates Courts are appointed as Deputy Sheriffs and have delegated authority to manage Sheriff’s officers located in their registry on a day to day basis.
Sheriff’s officers in Magistrates Courts are required to serve such documents as an originating summons, investigation summons and examination summons. The Sheriff’s officer must serve the summons on the judgment debtor in accordance with the rule of court and file a proof of service with the court.
Sheriff’s officers also execute warrants issued from the courts. Once judgment has been obtained, the judgment creditor can make application to the court for the issue of a warrant of sale.
The warrant of sale authorises Sheriff’s officers to seize and sell personal and real property of the judgment debtor. All real or personal property seized by Sheriff’s officers pursuant to a warrant of sale is offered for sale by public auction. In all instances the Sheriff must ensure property sold under authority of a court is sold for a fair market value. Therefore, all real and personal property sold is subject to reaching a reserve price.
Upon the sale of real or personal property the judgment debt and costs of sale are deducted from the proceeds and the balance of monies (if any) is refunded to the judgment debtor.
In the execution of civil processes issued by the court, Sheriff’s officers are bound by the Enforcement of Judgment Act 1991.
Warrants of sale are executed against personal property prior to proceeding against real property. If good reason exists, the judgment creditor may make application to the court to proceed directly against the debtor’s real property.
If the warrant of sale returned nil effects against personal property by a Sheriff’s officer, the warrant can then be forwarded to the Manager, Enforcement in the Sheriff’s Office for execution against any real property owned by the judgment debtor. The sale of land for Magistrates Courts matters is managed centrally in the Sheriff’s Office, whereas the seizure and sale of personal property is managed locally the each particular registry.
Sheriff’s officers are required to execute warrants of arrest and warrants of commitment issued by the court. The Sheriff’s officer is required to arrest the judgment debtor named in the warrant and bring him before the relevant authority.
Civil Enforcement for the Supreme and District Courts of South Australia is managed centrally by the Manger, Enforcement in the Sheriff’s Office.
Sheriff’s officers located through out South Australia can be appointed to execute orders of the Supreme and District Court. The Manager, Enforcement will appoint an officer to execute an order or serve a process based on the defendant’s location.
Sheriff’s officers are required to execute such things as warrants of sale, warrants of arrest and also warrants of possession.
Warrants of sale and warrants of arrest are issued and executed in a similar manner as in the Magistrates Courts. However, the judgments debts are generally much higher in the Supreme and District Courts.
In addition, the Sheriff is required to execute warrants of possession, whereby the Sheriff will hand over vacant possession of land to the plaintiff in the action. This type of process is normally initiated by financial institutions who have a registered mortgage and the land and due to the mortgagor defaulting on payments, proceed to obtain possession of the land to enable the property to be sold.
The Sheriff is bound by the Enforcement of Judgments Act, 1991 when executing any order of the court. Section 7 of the act relates to the seizure and sale of property under a warrant of sale. A warrant of sale authorises the Sheriff to seize and sell real or personal property of a judgment debtor to satisfy a judgment debt.
The Sheriff’s Act 1978, outlines the powers of the Sheriff to appoint Deputy Sheriffs and Sheriff’s officers. There will be appointed such Deputy Sheriffs and Sheriff’s officers as are necessary to assist the Sheriff in the performance of his or her duties.
Pursuant to section 8 of the Sheriff’s Act, the Sheriff shall execute or case to be executed all process, civil or criminal, directed to him by a court. The Sheriff shall observe and carry out any direction of the court.
The Sheriff is also bound by rules of court when serving or executing processes. The rules of court may define the method of service or requirements when undertaking the sale of goods seized.
Fines Payment Unit enforcement
The Sheriff is responsible for the service and execution of processes directed to him from the Fines Payment Unit.
The Fines Payment Unit was introduced on 6 March 2000, and has been established to enable a consistent approach to be developed in the recovery and management of penalties issued from the Supreme, District and Magistrates Courts. For more information on new South Australia's fine payment regulations, click here.
Sheriff’s Officers are appointed by the State Courts Administrator to undertake work directed to the Sheriff from the Fines Payment Unit. Sheriff’s officers may hold a dual appointment to undertake the enforcement of civil processes and Fines Payment Unit enforcement.
Sheriff’s officers are required to serve summons, execute warrants of arrest and orders for the sale of goods.
When executing a warrant of arrest Sheriff’s officers are required to arrest the debtor named in the warrant and bring the arrested person before an authorised officer of the Fines Payment Unit for assessment.
An order for sale of goods authorises Sheriff’s officers to seize and sell property of a debtor to satisfy a debt. An order for sale may be made against personal or real property of a debtor. An order for sale against personal property authorises the seizure and sale of good which are not excluded from seizure in accordance with the Criminal Law Sentencing Act Regulations.
An order for sale against real property may also be issued by the Fines Payment Unit for any debt exceeding $10,000. The order for sale authorises the seizure and sale of land. Real or personal property seized by Sheriff’s officers pursuant to an order for the sale of goods will be offered for sale by public auction in the same manner as in civil enforcement.
The Sheriff’s Office will be responsible to manage the sale of property throughout South Australia by appointing and instructing auctioneers to ensure all property is sold in the correct manner.
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