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Magistrates Court of Western Australia
Civil Jurisdiction
Fact Sheet 35 – Warrant for Arrest
What is a warrant for arrest?
A warrant for arrest is issued to a bailiff to have a person arrested and brought
before the court for not attending the court as ordered by a summons.
Court appearance
The judgment debtor will be brought before the court, which will deal with the
person’s contempt for non- appearance. The judgment creditor can then
proceed to conduct the means inquiry. If the judgment creditor is unavailable
to conduct the means or default inquiry, then the court may adjourn the
inquiry to another date and place and require the arrested person to enter into
an undertaking to appear.
See Fact Sheets:
No. 24 Means Inquiry (information for the judgment creditor
No. 25 Means Inquiry (information for the judgment debtor)
How to apply for a warrant for arrest
Complete and lodge Form 6. The judgment creditor will be required to pay the
prescribed bailiff enforcement fees. Enforcement fees may vary based upon a
number of factors including the number of enforcement attempts made and
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the distance travelled to execute the enforcement process. Please refer to the
Civil Judgment Enforcement Regulations 2005 for the full list of fees.
Role of the Bailiff
The bailiff will arrest and take the judgment debtor to a prison, lockup or a
court custody centre.
This is a guide only. The content is subject to change.
If you are unsure about any of the information in this fact sheet, contact your
nearest registry or seek legal advice.
