Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 11.15

             (1)  A payee may, without notice to the payer, ask the court to issue an Enforcement Warrant by filing:

                     (a)  an affidavit; and

                     (b)  the Enforcement Warrant sought and a copy of it for service.

             (2)  The affidavit must:

                     (a)  comply with rule 11.06; and

                     (b)  include the following details about the real property (if any) owned by the payer:

                              (i)  evidence that the payer is the registered owner;

                             (ii)  details of registered encumbrances and of any other person with an interest in the property; and

                     (c)  include the following details about the personal property (if any) owned by the payer:

                              (i)  the location of the property;

                             (ii)  whether there is any other person who may have an interest in the property, including as a part owner or under a hire purchase agreement, lease or lien.

Note:          A person seeking to enforce the payment of a child support liability must first apply for an order for the amount owed (see rule 11.03).