Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 (F2021L01220) - RULE 25.09

Application where person fails to comply with order

             (1)  If a person fails to comply with an order that the person is bound to comply with, a party may apply to the Court for either or both of the following orders:

                     (a)  the committal of the person;

                     (b)  the sequestration of the person's property.

             (2)  If the person in default is a corporation or an organisation, a party may apply to the Court for either or both of the following orders:

                     (a)  the committal of an officer of the corporation or organisation;

                     (b)  the sequestration of the property of the corporation or organisation.

             (3)  However, an application must not be made for an order under paragraph (2)(a) unless the officer:

                     (a)  has been served with the order in accordance with subrule 25.08(1), and the order carries the endorsement in rule 25.07; or

                     (b)  was present when the order was made or was notified of the order in accordance with subrule 25.08(2).

             (4)  This rule applies if the Court has made:

                     (a)  an injunction; or

                     (b)  an order in the nature of an injunction; or

                     (c)  an order in the nature of mandamus or prohibition.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback