Warrant of Possession (Form 24)

Rule 135 of the Magistrates Court (Civil Division) Rules 1998 (Tas) says that a registrar, on the request of a person who has a judgment for recovery or delivery up of possession of property, is to issue to the bailiff a warrant of possession in an approved form. Form 24 is that form. It recites the date of the order and the property, and directs the bailiff to take whatever lawful steps are necessary to give the claimant possession and to report to the registry on the result and the bailiff's costs and expenses. A warrant of possession expires 12 months after issue, and a further warrant may be issued within the period in rule 121 (r 135(2)-(3)). An enforcement process is not to be issued on a judgment more than 6 years old without the Court's leave (r 121). Bailiffs are appointed under section 15 of the Magistrates Court (Civil Division) Act 1992, and assistant bailiffs under section 15A.

When you need it

• The Court has ordered that you recover possession of land, premises or goods and the other party has not handed them over.
• You need a bailiff to enforce the possession order.
• For an unpaid money judgment, use a Warrant to Sell Property (Form 23) or a garnishee order instead.

1. 1

   Heading

   Enter the registry, its address and the action number, and the claimant's and defendant's names only.

2. 2

   The order

   Insert the date the possession order was made.

3. 3

   Describe the property

   Give a full description of the property, matching the order. For premises, the full street address; for goods, enough detail (make, model, serial or registration number) for the bailiff to identify them.

4. 4

   Leave for the registry

   Leave the date of issue, registrar's signature and court seal for the registry.

5. 5

   Filing footer

   Complete who filed it and the address for service, phone, fax, DX and contact, so the bailiff and registry can reach you.

• Request the warrant at the registry where the enforcement proceedings are pending (r 120), with a copy of the possession order if the registry needs it.
• The fees page lists a filing fee on any enforcement process and a bailiff's fee on execution; check the current amounts.
• The bailiff executes the warrant (r 122) and reports to the registry on the result and the costs and expenses.
• If the warrant is not executed within 12 months it expires; ask for a further warrant (r 135(2)-(3)).

• Do not take possession yourself; the warrant authorises the bailiff to take lawful steps.
• Check the judgment is one 'for recovery or delivery up of possession of property' (r 135(1)). A money judgment alone does not support this warrant.
• The court publishes a register of assistant bailiffs and the areas they cover, which can help with practical arrangements.