2407Charging order—procedure against partnership property

2407 Charging order—procedure against partnership property for partner’s separate order debt (1) This rule applies if the enforcement debtor in relation to an enforceable money order of the court is a partner in a partnership.

Rule 2407 (2) On application by the enforcement creditor, the court may— (a) make an order charging the interest of the partner in the partnership property and profits of the partnership with payment of the amount of the order debt (including interest); and (b) by that order or another order— (i) appoint a receiver of the partner’s share of the profits (whether already declared or accruing) of the partnership and of any other amount that may be coming to the partner in relation to the partnership; and (ii) make any order or give any direction that might have been made or given if the charge had been made in favour of the enforcement creditor by the partner or that the circumstances require. (3) The application must be served on the enforcement debtor and the partners of the partnership. (4) For this rule, service on each partner who lives in the ACT is sufficient service on any partner who lives outside the ACT. (5) If the interest of a partner in partnership property and profits of the partnership is charged under subrule (2), the other partners in the partnership may— (a) at any time, redeem the interest charged; or (b) if a sale of the interest is directed—buy the interest. (6) This rule does not apply in relation to an incorporated limited partnership.

Division 2.18.10 Enforcement of money orders—amounts in court and stop orders Rule 2420 Division 2.18.10 Enforcement of money orders— amounts in court and stop orders 2420 Enforcement orders—amounts in court (1) This rule applies if the enforcement debtor for a money order is entitled, in the enforcement debtor’s own right, to an amount, security or bond in court standing to the enforcement debtor’s credit in another proceeding in the court. (2) On application by the enforcement creditor, the court may order that the amount, security or bond be applied towards satisfying the order (3) The application must be made in the proceeding in which the money order is being enforced. (4) An amount, security or bond in court standing to the credit of an enforcement debtor must not be paid out if an application in relation to the amount, security or bond has been made under this rule and not heard.