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s 43

Determinations may be enforced as orders of court

In force

43 Determinations may be enforced as orders of court

(1)

In this section —

court of competent jurisdiction, in relation to a determination, means a court with jurisdiction to deal with a claim for the recovery of a debt of the same amount as the amount that is payable under the determination.

(2)

A party entitled to be paid an amount under a determination may enforce the determination by filing in a court of competent jurisdiction —

(a)

a copy of the determination that the Building Commissioner has certified to be a true copy; and

(b)

an affidavit as to the amount not paid under the determination.

(3)

On filing under subsection (2), the determination is taken to be an order of the court, and may be enforced accordingly.

[Section 43 amended: No. 16 of 2011 s. 128(6); No. 55 of 2016 s. 17.]

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Section 43 — Determinations may be enforced as orders of court — Construction Contracts (Former Provisions) Act 2004 (Western Australia) — Barrister AI