Court Procedures Rules
2010AEnforcement—certificate of registration of enforceable
Start here
Get a plain-English read of 2010A
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
2010A Enforcement—certificate of registration of enforceable order under Service and Execution of Process Act (1) This rule applies in relation to an application for the registration in a court of an enforceable order of another court or tribunal under the Service and Execution of Process Act 1992 (Cwlth), section 105.
Rule 2010A (2) An application under subrule (1) is made by filing in the court— (a) a copy, sealed by the court or tribunal that made the order, of the enforceable order, or a fax of the copy so sealed; and (b) a draft certificate with a copy of the sealed copy of the order attached. (4) A copy of the enforceable order and draft certificate need not be (5) The court may give the applicant a sealed copy of the certificate of registration of the enforceable order, with a copy of the enforceable order sealed by the registering court attached. Note See approved form 2.85 (Certificate of registration of enforceable order) AF2008-120. (6) If a fax is filed under subrule (2) (a)— (a) the copy, sealed by the court or tribunal that made the order, of the enforceable order must be filed with the court not later than 7 working days after the day the fax is filed; and (b) if the copy so sealed is not filed with the court within the 7-day period, a proceeding to enforce the enforceable order must not be started or continued until the copy is filed or unless the court gives leave. (7) An application for leave to start, or continue, an enforcement proceeding need not be served on anyone unless the court otherwise
Rule 2010B certificate of registration, of an order, means the certificate given under subrule (5), signed by the registrar, certifying that the enforceable order is registered. enforceable order means— (a) an enforceable money order; or (b) an enforceable non-money order. working day means a day that is not— (a) a Saturday or Sunday; or (b) a public holiday or bank holiday.