Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 11.44

             (1)  A payee may apply to the court for an enforcement order appointing a sequestrator of the property of a payer by filing an Application--Enforcement, setting out the details of the property to be sequestered, and an affidavit.

             (2)  The affidavit must:

                     (a)  comply with rule 11.06; and

                     (b)  include the full name and address of the proposed sequestrator; and

                     (c)  include details of the sequestrator's fees; and

                     (d)  have attached to it a consent to the appointment of the sequestrator, signed by the proposed sequestrator.

             (3)  The court may:

                     (a)  hear an urgent application under subrule (1) without notice; and

                     (b)  make an order that is expressed to operate only until a date fixed by the order.

             (4)  The court may hear an application under this rule in chambers, in the absence of the parties, on the documents filed.

Note:          For the hearing of an application in the absence of the parties, see Part 5.3.