Writ of restitution (Rule 900(3)) (Form 66)

If possession of land has been delivered to a party under a writ of possession and that party is then dispossessed by the party who was required to give up possession, a writ of restitution may be issued with the leave of the Court or a judge (r 874(3) Supreme Court Rules 2000 (Tas)). It is a writ of execution (r 894) and must be in the prescribed form (r 900(3)), which is Form 66. It recites the judgment, the writ of possession and the fact that someone else has taken possession, and commands the Sheriff to enter the land and restore it to the party entitled.

When you need it

• You were given possession of land under a writ of possession and have since been put out of possession.
• You need leave of the Court or a judge before the writ can issue (r 874(3)).

1. 1

   Heading

   Copy the registry, file number and party names from the proceeding.

2. 2

   Judgment and writ of possession

   Insert the date of the judgment or order for possession, the party in whose favour it was made, and the date of the writ of possession.

3. 3

   Schedule

   Describe the land as it appears in the judgment or order.

4. 4

   Issue

   Leave the date and signature for the Registrar or District Registrar.

• Apply to the Court or a judge for leave to issue the writ (r 874(3)), with evidence of the earlier possession and the dispossession.
• Once leave is granted, lodge the writ for sealing (r 900(1)) and give it to the Sheriff to execute.

• Rule 874(3) refers to dispossession by the party who was required to give up possession. Your affidavit should identify who has retaken the land.