New Warrants Flashcards
What is an ECN?
Enforcement Warrant, Court Fine, Natural Person
Who issues ECN’s? And why?
Court of issue: magistrates, county, Supreme Court
Failure to pay monetary penalty issued by a court
(Warrant powers - Fines Reform Act, created to help free up courts)
Debtor options and Sheriff actions for an ECN?
Debtors: PIF, payment arrangement
Sheriff: sanction, seize, arrest and bail, convey and lodge
Can a debtor apply for a FDO and FCO for an ECN warrant?
Yes, however they have to go to the courts to apply, SO cannot sign them up.
FDO - fine diversion (default) order (mag.)
FCO - fine conversion order (county court)
What are the 3 Collection and Enforcement Warrants?
Introduced via which act?
MCI - Mag. Court, C&E, Infringement Fine
MCC - Mag. Court, C&E, Court Fine
CCC - County Court, E&C, Court Fine
(All issued under the Fines Reform Act 2014, against a Natural Person)
What is an EHO? And what are the 2 types?
Enforcement Hearing Order
(This is not a warrant but may be referred to director of Fines Vic for collection and enforcement)
- Collection Only
- Collection and Enforcement
How does an MCI/MCC/CCC be issued?
When a registered EHO (C&E) has defaulted, the director of FV may apply for an MCI, MCC, CCC warrant to be issued.
Do you need warrant/s in hand at the time of arrest for all collection?
Yes
Debtor options and sheriff actions for EIN
(Infringement, natural person)
Debtor: PIF, P/A, Enforcement Review, FVS, WDP
Sheriff: PIF, seize, CWP, bail, convey and lodge
Debtor options and sheriff actions for ECN (court, natural person)
Debtor: PIF, P/A
Sheriff: PIF, seize, bail, convey and lodge
Debtor options and sheriff actions for MCI (mag. Collection, infringement)
Debtor: PIF, P/A, WDP
Sheriff: PIF, seize, bail, convey and lodge
Debtor options and sheriff actions for MCC? (Mag. Collection, court)
Debtor: PIF, P/A
Sheriff: PIF, seize, bail, convey and lodge
Debtor options and sheriff actions for CCC (county, collection, court)
Debtor: PIF, P/A
Sheriff: PIF, seize, bail, convey and lodge
What is an EIC?
Enforcement warrant, infringement fine, company
Issued by magistrates court
What are the two types of body corporates?
Incorporated company (Pty Ltd or Ltd)
- registered via ASIC
Incorporated Association (inc.)
- registered via CAV
Can a company own property?
Yes! Any property owned by the company or association may be subject to seizure.
Can a business name own property?
No! Business name also known as a trading name can be operated by a natural person or company.
By itself a business name cannot own property.
The warrant would go to the sole trader, eg Jason Dawson trading as
