Court Bailiff in Western Australia: How Bailiff Seizure and Service Works

The court bailiff is the person who actually makes enforcement happen on the ground in Western Australia. They serve summonses, seize property under court orders, execute arrest warrants, and conduct public auctions. Understanding what a bailiff can and cannot do — and how much it costs — helps you plan your enforcement strategy before you spend the filing fees.

What Bailiffs Do

Bailiffs in Western Australia operate under the direction of the Sheriff and carry out the physical enforcement work that the court orders. Their main functions are:

Personal service of court documents. Means inquiry summonses and default inquiry summonses must be personally served — handed directly to the person. The bailiff attends the debtor's address and delivers the documents in person. The summons for a means inquiry must be served at least 5 clear days before the hearing date.

Executing Property (Seizure and Sale) Orders. When you obtain a PSSO under CJEA section 69, the bailiff attends the debtor's premises to identify, inventory, and seize unencumbered goods. They tag seized items, arrange storage if necessary, and eventually sell the goods at public auction.

Executing arrest warrants. If a debtor fails to attend a means inquiry after being properly served, the court can issue a Warrant for Arrest. The bailiff (or a police officer) arrests the debtor and brings them before the court for examination.

Executing Property (Seizure and Delivery) Orders. For non-monetary judgments requiring the return of specific goods, the bailiff collects the item and delivers it to the judgment creditor.

How Property Seizure Works

The bailiff does not simply show up and take everything. There is a process:

1. You obtain a Property (Seizure and Sale) Order through the eCourts Portal ($269 application fee)
2. The PSSO is issued and sent to the Sheriff for execution
3. The bailiff attends the debtor's address, identifies goods, and creates an inventory
4. Goods that are not exempt (see below) are seized — physically removed or tagged and left in place pending sale
5. Seized goods go to public auction
6. Auction proceeds are distributed: bailiff expenses and commission first, then your judgment debt and interest, then any surplus back to the debtor

Bailiff recovery commission is 5% on the first $13,500 recovered and 2.5% on amounts above that. These costs come out of the proceeds before you get paid, but they are ultimately recoverable from the debtor as enforcement costs.

A PSSO is valid for 12 months. If the bailiff has not completed seizure and sale within that window, you need to apply for an extension before the order expires.

What the Bailiff Cannot Take

The CJEA and Civil Judgments Enforcement Regulations 2005 protect certain property from seizure:

• Necessary clothing and personal effects for the debtor and their dependants
• Basic household goods — furniture, bedding, essential domestic appliances
• Tools of trade — equipment used in the debtor's profession or business, up to prescribed financial caps
• A primary vehicle used for family or work transport, up to a prescribed equity threshold

The bailiff also cannot seize property that belongs to someone else. If the debtor's car is under hire-purchase, the finance company owns it. If furniture belongs to a housemate, it is not the debtor's to seize. Third parties who believe their property has been wrongly seized can lodge CJE Form 28 (Notice of Claim Against Property Seized) to trigger an interpleader process.

Bailiff Fees (2026 Schedule)

All bailiff fees are added to the judgment debt — the debtor ultimately pays them. But you need to fund them upfront when filing. Concession card holders (Health Care Card or Pensioner Concession Card) qualify for reduced fees through the "Eligible Individual" scale on the eCourts Portal.

When the Bailiff Cannot Serve the Debtor

Sometimes the bailiff cannot locate the debtor to serve them personally. When this happens, you receive a Notice of Non-Service — an official report that service was attempted and failed.

A notice of non-service does not end your enforcement. You have options:

Provide a new address. If you know the debtor has moved, give the court the updated address and request another service attempt.

Apply for substitute service. If the debtor is actively avoiding service, you can apply to the court for a substitute service order. This allows service by alternative means — posting the documents to a known address, leaving them with a person at the debtor's last known residence, or in some cases, service by email. The application goes through CJE Form 6 and you will need to show the court what efforts have been made to serve personally and why alternative service is justified.

Regional enforcement adds complexity. Bailiff travel costs for areas outside the Perth metropolitan zone are $3.10 per km, and some regional locations have limited bailiff availability.

Planning Your Enforcement

The bailiff is your enforcement muscle, but they act on court orders — they do not make decisions about which assets to target. That is your job. Before spending $269 on a PSSO, make sure the debtor actually has goods worth seizing. A means inquiry ($117.50) tells you what is there.

For a step-by-step enforcement plan from first filing to final payment, the complete WA judgment enforcement guide maps out the sequence and helps you decide when to send the bailiff and when a DAO against the bank account might be faster and cheaper.

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