ACTIn ForceRegulation
Court Procedures Rules
2451Order for delivery of possession of land—making
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2451 Order for delivery of possession of land—making
(1) On application by the person in whose favour an order for possession
of land (the original order) is made, the court may make an order (an
order for delivery of possession of land) authorising an enforcement
officer to enter on the land described in the order and deliver
possession of the land and appurtenances to the person.
Note 1 Appurtenances are things that belong to an estate in the land eg houses,
other buildings and gardens.
Enforcement of non-money orders—orders for delivery of possession of
land
Division 2.18.13
Rule 2451
Note 2 See approved form 2.70 (Order for delivery of possession of land)
AF2006-315.
(2) The application is made by filing in the court—
(3) The affidavit in support must state—
(a) the date a sealed copy of the original order, and the notice in
debtor or other person liable to comply with the order; and
(b) that the original order has not been complied with; and
(c) whether to the best of the applicant’s knowledge a person other
than the person liable under the original order is in possession
of the land or part of it and, if so, how the person is in possession;
and
(d) how rule 2452 has been complied with; and
(e) any other information necessary for the order being sought.
(4) The affidavit may contain statements of information and belief if the
applicant states the sources of the information and the reasons for the
belief.
(5) The affidavit must be sworn not earlier than 2 days before the day the
(7) The draft order and supporting affidavit need not be served on anyone
(8) Unless the court otherwise orders on its own initiative, an application
Division 2.18.14 Enforcement of non-money orders—orders for seizure and delivery of
Rule 2452