ACTIn ForceRegulation
Court Procedures Rules
2100Enforcement hearing—application by enforcement
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2100 Enforcement hearing—application by enforcement
creditor
(1) An enforcement creditor for an enforceable money order of the court
may apply to the court for an enforcement hearing.
(2) However, unless the court otherwise orders, the enforcement creditor
may not apply to the court for an enforcement hearing if any of the
following orders is in force in relation to the enforceable money
order:
(b) a debt redirection order;
(c) a regular redirection order;
(d) an earnings redirection order.
Rule 2100
(3) An application under this rule for an enforcement hearing is made by
filing in the court—
(a) a draft order requiring the enforcement debtor to attend an
enforcement hearing; and
Note See approved form 2.50 (Order to attend enforcement hearing)
AF2006-295.
(4) The affidavit in support must state—
(b) the amount of the order debt; and
(c) the date and amount of each payment (if any) made under the
money order; and
(d) the costs incurred in previous enforcement proceedings in
relation to the money order; and
(e) the interest owing on the day the affidavit is made (the affidavit
(f) any other details necessary to work out the amount payable
(g) the daily amount of any interest that, subject to any future
payment under the money order, will accrue after the affidavit
(h) the last-known address of the enforcement debtor; and
(i) if the enforcement creditor has conducted a company name
search or business name search in relation to the enforcement
debtor—the results of the search.
Rule 2101
(6) The affidavit and draft order need not be served on the enforcement
debtor unless the court otherwise orders on its own initiative.
(7) Unless the court otherwise orders on its own initiative, the application
must be dealt with without a hearing and in the absence of the parties.