Western Australian Current Acts Western Australian Current Acts (1) As soon as
practicable after a freezing notice is issued, the applicant for the notice
must arrange for a copy of it to be served personally on each of the following
persons —
(a) if
the property covered by the notice was taken from a person — that
person;
(b) if,
at the time that the freezing notice is issued, the applicant is aware of any
other person who is, or may be, or claims to be, an interested party —
that person.
(2) If the property is
registrable real property, the applicant must lodge a memorial of the issue of
the notice with the Registrar of Titles.
(3) If the property is
registrable under the Personal Property Securities Act 2009 (Commonwealth) or
any enactment except the Transfer of Land Act 1893 , the applicant must notify
the relevant registrar of the issue of the notice.
(4) If, as a result of
information in a statutory declaration given, in accordance with section 37,
by a person who was served with a copy of the freezing notice under subsection
(1), the applicant becomes aware that any other person is or may be or claims
to be an interested party, then the applicant must arrange for a copy of the
notice to be served on the person personally, as soon as practicable.
(5) Nothing in
subsection (1) or (4) prevents the applicant from serving a copy of the notice
at any time on any other person whom the applicant becomes aware is, or may be
or claims to be an interested party, but the service cut off date for the
property is not affected by any service outside the requirements of subsection
(1) or (4).
(6) The applicant must
ensure that —
(a) the
freezing notice is filed in the court specified in the notice; and
(b) an
affidavit of service is endorsed on a copy of each copy of the freezing notice
that is served on a person; and
(c) each
endorsed copy is filed in the court.
[Section 36 amended: No. 42 of 2011 s. 12; No. 10
of 2018 s. 35.]