BARCLAY MIS Realestate Recoveries

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NOTICE URGENT To all landlords and your real estate agents with leased residential property situate in South Australia

We have received information and have verified that, as from 07th June 2018 for the next 2 months (or perhaps longer), the Magistrates Court of South Australia – all Registries – will not register as a Judgment a SACAT decision/order concerning a tenancy dispute. That is, a SACAT decision/order will not be filed by the Registry as a registered Judgment for the debt amount (or for other terms of a tenancy dispute SACAT decision/order such as an eviction order). The procedure for registering tenancy dispute SACAT decision/order as a Judgment, is on hold under Directions by the Chief Magistrate of South Australia, until further notice from the Chief Magistrate.

In addition, even in cases where a SACAT decision/order concerning a tenancy dispute was registered before 07th June 2018, all onwards steps are on hold. Even if your SACAT decision/order was already filed and registered as a Magistrates Court Judgment, it will not be dealt with or enforced, until further notice from the Chief Magistrate of South Australia. Your matter is on hold, including any hearing that was scheduled as an Investigation Hearing or an Examination Hearing concerning your debtor’s means to pay the judgment debt, and other enforcement steps. Such hearings have been adjourned to a new date, and enforcement steps are on hold, but you (and we) will need to check as the new date approaches, whether the hearing has been adjourned again.

We are advised that the Registries’ procedure for informing the parties of the current “on hold” or hiatus, is telephone calls now being made to the parties or their representatives (the representatives notified to the Registries in the documents). PLEASE URGENTLY RING the Registry dealing with your residential tenancy matter.

If you possess a residential tenancy dispute SACAT decision/order, it is our understanding that you can lodge it in the relevant Registry in the usual way, but it will not be actioned into status of registration as a Judgement of the Court.

We are not able to indicate how a residential tenancy dispute SACAT decision/order lodged during this hiatus, or previously lodged and registered as a Judgment, is likely to be dealt with, in terms of its formal recognition and enforcement by the Magistrates Court in the future. As at the date of this Notice, there is unfortunately no formal statement or website information explaining at least the reason for the hiatus.

We are just as concerned and eager as you, to learn the reasons for the hiatus, when it will end, and the results in terms of any revised or new process and procedure for enforcement of SACAT decisions/order for tenancy disputes. As soon as any information comes to hand, we will let you know here.

In the meantime, if you require any further clarification, please do not hesitate to contact us on 1300 883 916.

Author: Barclay MiS
Category:
Posted: Tuesday 26 Jun 2018, 11:56