ACTIn ForceRegulation
Court Procedures Rules
2446Enforcement by contempt or seizing and detaining
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2446 Enforcement by contempt or seizing and detaining
property—preconditions
(1) Unless the court otherwise orders, a non-money order (the original
order) may be enforced by a contempt proceeding or an order for
seizure and detention of property only if—
(a) the person against whom the original order is to be enforced is
served personally with a sealed copy of the original order; and
(b) if the original order requires a person to do an act within a time
stated in the order—the order is served a reasonable time before
the end of the time stated in the order; and
Division 2.18.13 Enforcement of non-money orders—orders for delivery of possession of
land
Rule 2450
(c) the sealed copy of the original order is endorsed with a notice
that states that the person served may be liable to imprisonment
or seizure and detention of property if—
(i) the original order requires the person to do something
within a fixed time, and the person fails to do it; or
(ii) the original order requires the person not to do something,
and the person does it.
(2) This rule does not apply to a non-money order requiring a person to
do an act within a stated time, or requiring a person not to do an act,
if the person has notice of the order because—
(a) the person was present when the order was made; or
(b) the person was told about the terms of the order by telephone or
in another way a reasonable time before the end of the time for
doing the act or before the time when the prohibited act was
done.
Division 2.18.13 Enforcement of non-money orders—
orders for delivery of possession of
land