Warning: include() [function.include]: URL file-access is disabled in the server configuration in /home/bailif55/public_html/tas/_about/tasglossary.php on line 28

Warning: include(http://www.bailiff-sheriffaustralia.com.au/tas/_common/header_tas.php) [function.include]: failed to open stream: no suitable wrapper could be found in /home/bailif55/public_html/tas/_about/tasglossary.php on line 28

Warning: include() [function.include]: Failed opening 'http://www.bailiff-sheriffaustralia.com.au/tas/_common/header_tas.php' for inclusion (include_path='.:/usr/lib/php:/usr/local/lib/php') in /home/bailif55/public_html/tas/_about/tasglossary.php on line 28
Glossary Of Terms - Tasmania



GLOSSARY OF TERMS
In the State of Tasmania

TERMDEFINITION
Act:Legislation (laws) duly made and passed by the Tasmanian Parliament
Action:A matter in progress in a court
Administrator:Means the Administrator of the Magistrates Court
Affidavit:An affidavit is a written statement sworn by the maker - the deponent - before a person who has authority to administer an oath
Assistant Bailiff:A person duly appointed pursuant to Section 15A of the Magistrates Court (Civil Division) Act 1992
Attachment of Debt:Results from an order of the court to attach a debt (sum of money) owing to a Judgment Debtor
Attachment of Salary:Results from an order of the court to attach the salary or wages of a person
Bailiff:A person duly appointed pursuant to Section 15 or 15A of the Magistrates Court (Civil Division) Act 1992
Bailiff Expenses:The reasonable expenses incurred in the execution of a warrant
Claim:The originating document which outlines the substance and amount of the claim against the defendant by the plaintiff
Claim:Notification of the lodgment of a claim and is a document calling on the person to whom it is directed to respond to that claim
Claimant:The person, persons or party who institutes a civil proceeding
Conduct Money:An amount of money sufficient to enable the Judgment Debtor to attend court to answer a Judgment Summons. Provided by the plaintiff, accompanies the summons, and is delivered at the time of service
Costs:Those expenses incurred in pursuing or defending a claim.(See Fees)
Default Judgment:A judgment entered because the defendant has not filed a defence within the prescribed time. This judgment is entered by a registrar without the need for any trial by the court.
Defence:A written response to a claim, is lodged by a defendant or their agent
Defendant:A person, persons or company summoned to answer a claim
District Registrar:means a district registrar appointed under the Magistrates Court Act 1987
Execution Debtor:After judgment and during the execution of enforcement proceedings the defendant is often referred to as the execution debtor
Fees:Those charges, set by Regulation, as administrative expenses charged by a court and usually included as part of the costs of an action
Garnishee:The person, employer or other party (ie executor of a Will) upon whom an Attachment of Salary or Debt is served binding them to act in the terms of the order.
Gazette:Tasmanian Government Gazette. Published weekly by the Government Printing Office
Judgment:A declaration, decree, decision or order of the court
Judgment Creditor:The party to whom judgment monies are paid, (usually the plaintiff)
Judgment Debtor:The party who is found to owe the judgment monies,(usually the defendant)
Judgment Summons:A summons issued pursuant to the Debtors Act 1870, for a judgment debtor to attend court and be examined as to their means to pay
Levy:The placing on walking possession of property owned by the judgment debtor (defendant)
Magistrates Court:The title of the lower court, for the pursuit of civil matters(Civil Division)in the State of Tasmania. The monetary limit of the Court jurisdiction is $20,000.00 (at the time of publishing these guidelines)
Party:Usually to the plaintiff or defendant in a proceedings, and in some instances a solicitor acting on behalf of that party
Process:Documents issued by the registrar of the court
Property:Means personal or real (house and land) property
Registrar:Means the Administrator, a district registrar or a deputy district registrar
Regulations:Subordinate legislation applicable to an Act of Parliament. Usually covers procedural / administrative matters.
Rules( Statutory):Subordinate legislation applicable to an Act of Parliament. Usually covers procedural / administrative matters
Seizure:Removal of goods for intended sale under a warrant of execution.
Service:The action of delivering a document (pursuant to the appropriate rules of court) to the nominated party
Small Claim:A claim lodged pursuant to the Magistrates Court (Small Claims Division) Act 1989. The jurisdictional limit of which is $3000.00 (at the time of publishing these guidelines)
Stay or Stay of Execution:An instruction issued by the registrar to a bailiff or assistant bailiff requesting they cease any further action on a warrant to sell property, release any property seized and return the warrant to the court
Summons to Witness:Notification to a party to attend as a witness at a court hearing
Walking Possession:Goods placed on walking possession become the property of the court but are left in the care and control of the defendant. There is a form called a Walking Possession
Warrant to Sell Property:A document issued by the registrar authorising a bailiff, or assistant bailiff, to seize the property of the defendant for sale to recover the judgment debt.




Warning: include() [function.include]: URL file-access is disabled in the server configuration in /home/bailif55/public_html/tas/_about/tasglossary.php on line 106

Warning: include(http://www.bailiff-sheriffaustralia.com.au/tas/_common/footer_tas.php) [function.include]: failed to open stream: no suitable wrapper could be found in /home/bailif55/public_html/tas/_about/tasglossary.php on line 106

Warning: include() [function.include]: Failed opening 'http://www.bailiff-sheriffaustralia.com.au/tas/_common/footer_tas.php' for inclusion (include_path='.:/usr/lib/php:/usr/local/lib/php') in /home/bailif55/public_html/tas/_about/tasglossary.php on line 106