ACTIn ForceRegulation
Court Procedures Rules
2460Order for seizure and delivery of goods—making
Start here
Get a plain-English read of 2460
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
2460 Order for seizure and delivery of goods—making
(1) If an order for the return of goods (the original order) does not give
the person against whom the original order is made the option of
retaining the goods and paying their value, the court may, on
application by the person in whose favour the original order was
made, make an order (an order for seizure and delivery of goods)
authorising an enforcement officer to seize the goods and deliver
them to the person who is entitled to them under the original order.
Note See approved form 2.71 (Order for seizure and delivery of goods)
AF2006-316.
(a) the original order gives the person against whom the original
order is made the option of retaining the goods and paying their
value; and
Enforcement of non-money orders—orders for seizure and delivery of
Division 2.18.14
Rule 2460
(b) the person does not exercise the option;
the court may, on application by the person in whose favour the
original order was made, make an order for seizure and delivery of
goods.
(3) An application under this rule is made by filing in the court—
(5) The draft order and supporting affidavit need not be served on anyone
(7) An order for seizure and delivery of goods may include provision for
enforcing the payment of an amount required by the order to be paid.
(8) If—
(a) the original order gives the person against whom the original
order is made the option of retaining the goods and paying their
value; and
(b) the person exercises the option;
the original order may be enforced in the same way as a money order.
Division 2.18.15 Enforcement of non-money orders—orders for seizure and detention of
Rule 2470
Division 2.18.15 Enforcement of non-money orders—
orders for seizure and detention of
2470 Order for seizure and detention of property—making
The court may make an order (an order for seizure and detention of
property) authorising an enforcement officer to seize and detain all
real and personal property (other than exempt property) in which the
person liable to comply with a non-money order has a legal or
beneficial interest.