| TERM | DEFINITION |
| 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.
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| 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
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| 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.
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| Gazette: | Tasmanian Government Gazette. Published weekly by the Government Printing Office
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| Judgment: | A declaration, decree, decision or order of the court |
| Judgment Creditor: | The party to whom judgment monies are paid, (usually the plaintiff)
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| 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)
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| 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)
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| 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
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| Regulations: | Subordinate legislation applicable to an Act of Parliament. Usually covers procedural / administrative matters.
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| 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.
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| 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.
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