Section 133 of the Transfer of Land Act 1893 (WA) provides that a writ of fieri facias is binding on land for a non-extendable period of four months. In 1971, a case came before the Supreme Court where the binding period of such a writ was likely to expire before the Court could schedule a trial and reach a decision. The presiding judge suggested that a court issuing a writ of fieri facias should be able to extend the four-month period. This prompted the Attorney General to refer the issue to the Commission for consideration.
Terms of Reference
In 1976, the Commission was asked to review the law relating to writs and warrants of execution as they relate to the Transfer of Land Act 1893 (WA) and to review the priority of writs and warrants of execution generally, including warrants of execution under the Justices Act 1902 (WA).
Outcomes
There has been no action taken to implement the Commission’s recommendations.
