Project No. 67

Commenced: 1976
Completed: 2001

Section 133 of the Transfer of Land Act 1893 (WA) provides that a writ of fieri facias is binding on land for a non-extendable period of four months. In 1971, a case came before the Supreme Court where the binding period of such a writ was likely to expire before the Court could schedule a trial and reach a decision. The presiding judge suggested that a court issuing a writ of fieri facias should be able to extend the four-month period. This prompted the Attorney General to refer the issue to the Commission for consideration.