ACTIn ForceRegulation
Court Procedures Rules
2403Charging order—effect
Start here
Get a plain-English read of 2403
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
2403 Charging order—effect
(1) A charging order takes effect when it is made.
(2) However, to have effect on the enforcement debtor, a charging order
must be served on the enforcement debtor.
(3) A charging order entitles the enforcement creditor to the same
remedies as the enforcement creditor would have had if the charge
imposed by the order had been made in the enforcement creditor’s
favour by the enforcement debtor.
(4) However, unless the court otherwise orders, the enforcement creditor
must not start a proceeding to obtain a remedy in relation to property
charged by the charging order until—
(a) a sealed copy of the charging order is served on the enforcement
debtor and the person who issued or administers the property;
and
(b) 1 month has passed since the day the order was served, or the
later of the days the order was served, as required by
paragraph (a).