Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 11.45

             (1)  In considering an application for sequestration, the court must be satisfied that:

                     (a)  if the obligation to be enforced arises under an order--the payer has been served with the order to be enforced; and

                     (b)  the payer has refused or failed to comply with the obligation; and

                     (c)  an order for sequestration is the most appropriate method of enforcing the obligation.

             (2)  On appointing a sequestrator, the court may:

                     (a)  authorise and direct the sequestrator:

                              (i)  to enter and take possession of the payer's property or part of the property; and

                             (ii)  to collect and receive the income of the property, including rent, profits and takings of a business; and

                            (iii)  to keep the property and income under sequestration until the payer complies with the obligation or until further order; and

                     (b)  fix the remuneration of the sequestrator.

Note:          For rules relating to the enforcement of obligations other than an obligation to pay money, see Division 11.1.7.