Part 11.1—Enforcement of financial or property orders and obligations

## Part 11.1—Enforcement of financial or property orders and obligations ### Division 11.1.1—General #### 11.01 Enforceable obligations (1) The following obligations and orders may be enforced under this Part: (a) an obligation to pay money; (b) an obligation to sign a document under section 106A of the Family Law Act (see Division 11.1.7); (c) an order entitling a person to the possession of real property (see Division 11.1.7); (d) an order entitling a person to the transfer or delivery of personal property (see Division 11.1.7). (2) For the purposes of paragraph (1)(a), an obligation to pay money includes the following: (a) a provision requiring a payer to pay money under: (i) an order made under the Family Law Act, the Assessment Act or the Registration Act; or (ii) a registered parenting plan; or (iii) an award made in arbitration and registered under section 13H of the Family Law Act; or (iv) a maintenance agreement registered under subsection 86(1) of the Family Law Act; or (v) a maintenance agreement approved under section 87 of the Family Law Act; or (vi) a financial agreement or termination agreement under Part VIIIA of the Family Law Act; or (vii) a financial agreement under Part VIIIAB of the Family Law Act or a termination agreement under Part VIIIAB of the Family Law Act; or (viii) an agreement varying or revoking an original agreement dealing with the maintenance of a child under section 66SA of the Family Law Act; or (ix) an overseas maintenance order or agreement that, under the Family Law Regulations, is enforceable in Australia; (b) a liability to pay arrears accrued under an order or agreement; (c) a debt due to the Commonwealth under section 30 or 67 of the Registration Act; (d) a child support liability; (e) a fine or the forfeiture of a bond; (f) costs, including the costs of enforcement. (3) For the purposes of paragraph (1)(a), an obligation to pay money does not include an obligation arising out of costs for work done for a fresh application payable by a person to the person’s lawyer. > Note: For fresh application, see section 1.05. For enforcement of lawyer‑client costs for a fresh application, see the State or Territory legislation governing the legal profession in the State or Territory where the lawyer practises. (4) This Part applies to an agreement referred to in paragraph (2)(a) as if it were an order of the court in which it is registered or taken to be registered. #### 11.02 When an agreement may be enforced A person seeking to enforce an agreement must first obtain an order: (a) for an agreement approved under section 87 of the Family Law Act—under paragraph 87(11)(c) of the Family Law Act; or (b) for a financial agreement under Part VIIIA of the Family Law Act—under paragraph 90KA(c) of the Family Law Act; or (c) for a financial agreement under Part VIIIAB of the Family Law Act—under paragraph 90UN(c) of the Family Law Act. > Note: A party seeking to enforce an order made in another court or registry must first register a copy of the order (see subsection 105(2) of the Family Law Act). A payee must obtain the court’s permission to enforce an order against a deceased payer’s estate (see subsection 105(3) of the Family Law Act). #### 11.03 When a child support liability may be enforced (1) This rule applies to a person seeking to enforce payment of a child support liability that is not an order and is not taken to be an order. (2) Before an enforcement order is made, the person must first obtain an order for payment of the amount owed by filing: (a) an Application—Enforcement and an affidavit setting out the facts relied on in support of the Application; and (b) if the payee is the Child Support Agency or is seeking to recover a liability under section 113A of the Registration Act—a certificate under section 116 of the Registration Act. (3) A payee who seeks to recover a child support liability in the payee’s own name under section 113A of the Registration Act must attach to the affidavit filed with the application a copy of the notice, given to the Child Support Agency, of the payee’s intention to institute proceedings to recover the debt due. > Note: A payee who is enforcing a child support liability must notify the Child Support Registrar in writing of the payee’s intention to institute proceedings to recover the debt due (see subsection 113A(1) of the Registration Act). #### 11.04 Who may enforce an obligation The following persons may enforce an obligation: (a) if the obligation arises under an order (other than an order referred to in paragraph (c))—a party; (b) if the obligation arises under an order to pay money for the benefit of a party or child: (i) the party or child; or (ii) a person entitled, under the Family Law Act or Family Law Regulations, to enforce the obligation for the party or child; (c) if the obligation is a fine or an order that a bond be forfeited—the Marshal or another officer of the court; (d) if the obligation is a child support liability—a person entitled to do so under the Registration Act or the Assessment Act. > Note: The payee in relation to a liability may enforce an obligation (see section 113 of the Registration Act and section 79 of the Assessment Act). #### 11.05 Enforcing an obligation to pay money An obligation to pay money may be enforced by one or more of the following enforcement orders: (a) an order for seizure and sale of real or personal property, including under an Enforcement Warrant (see Division 11.1.3); (b) an order for the attachment of earnings and debts, including under a Third Party Debt Notice (see Division 11.1.4); (c) an order for sequestration of property (see Division 11.1.5); (d) an order appointing a receiver (or a receiver and manager) (see Division 11.1.6). > Note: The court may imprison a person for failure to comply with an order (see section 112AD of the Family Law Act). Part 11.2 of these Rules sets out the relevant procedure. #### 11.06 Affidavit to be filed for enforcement order If these Rules require a person seeking an enforcement order to file an affidavit, the affidavit must: (a) if it is not required to be filed with an application—state the orders sought; and (b) have attached to it a copy of the order or agreement to be enforced; and (c) set out the facts relied on, including the following: (i) the name of the payee; (ii) the address of the payee, unless disclosing this address would compromise the payee’s safety; (iii) the name and address of the payer; (iv) that the payee is entitled to proceed to enforce the obligation; (v) that the payer is aware of the obligation and is liable to satisfy it; (vi) that any condition has been fulfilled; (vii) details of any dispute about the amount of money owed; (viii) the total amount of money currently owed and any details showing how the amount is calculated, including interest (if any) and the date and amount of any payments already made; (ix) what other legal action has been taken in an effort to enforce the obligation; (x) details of any other current applications to enforce the obligation; and (xi) the amount claimed for costs, including costs of any proposed enforcement; and (d) be sworn no more than 2 days before it is filed. > Note: Examples: For the purposes of paragraph (a), orders that may be sought include an Enforcement Warrant; a Third Party Debt Notice; an order for filing and service of Financial Statement; an order for production of documents. #### 11.07 General enforcement powers of court The court may make an order: (a) declaring the total amount owing under an obligation; or (b) stating that the total amount owing must be paid in full or by instalments and when the amount must be paid; or (c) for payment of a child support liability (see rule 11.03); or (d) for enforcement of an obligation to pay money (see rule 11.05); or (e) in aid of the enforcement of an obligation; or (f) to prevent the dissipation or wasting of property; or (g) for costs; or (h) staying the enforcement of an obligation (including an enforcement order); or (i) requiring the payer to attend an enforcement hearing; or (j) requiring a party to give further information or evidence; or (k) that a payer must file a Financial Statement; or (l) that a payer must produce documents for inspection by the court; or (m) dismissing an application; or (n) varying, suspending or discharging an enforcement order. > Note: For the collection of child support, the court has general powers set out in section 111B of the Registration Act. #### 11.08 Enforcement order (1) An enforcement order must state: (a) the kind of enforcement order it is; and (b) the full name and address for service of the payee; and (c) the full name and address of the payer; and (d) the total amount to be paid. (2) For the purposes of paragraph (1)(d), a statement about the total amount to be paid must include: (a) the amount owing under the obligation to pay money; and (b) the amount of interest owing (if any); and (c) any costs of enforcing the order. #### 11.09 Discharging, suspending or varying enforcement order (1) A party to an enforcement order may apply to the court at any time to discharge, suspend or vary the order, by filing an Application in a Proceeding. (2) An application under subrule (1) does not stay the operation of the enforcement order. ### Division 11.1.2—Information for aiding enforcement #### 11.10 Processes for obtaining financial information (1) Before applying for an enforcement order, a payee may: (a) give a payer a written notice requiring the payer to complete and serve a Financial Statement within 14 days after receiving the notice; or (b) by filing an Application in a Proceeding and an affidavit that complies with rule 11.06, apply for an order, without notice to the respondent: (i) requiring the payer to complete and file a Financial Statement; or (ii) requiring the payer to disclose information or produce to the payee copies of documents relevant to the payer’s financial affairs. (2) A Judicial Registrar may hear an application under subrule (1), in chambers, in the absence of the parties, on the documents filed. #### 11.11 Enforcement hearing (1) A payee may, by filing an Application—Enforcement and an affidavit that complies with rule 11.06, require: (a) the payer; or (b) if the payer is a corporation—an officer of the corporation; to attend an enforcement hearing. > Note: An enforcement hearing does not have to be held before the court makes an enforcement order. The purpose of an enforcement hearing is to obtain information to help the enforcement of an order or other obligation and, if applicable, to help the court to determine a dispute or issue an enforcement order. (2) The payee may require the payer to produce documents at the enforcement hearing that are in the payer’s possession or control and relevant to the enforcement application by serving with the application referred to in subrule (1): (a) a list of the documents required; and (b) a written notice requiring that the documents be produced. (3) A payee must serve by personal service on a payer at least 14 days before an enforcement hearing: (a) the documents referred to in subrules (1) and (2); and (b) a court approved brochure entitled Enforcement Hearings (which gives information about enforcement hearings and the consequences of failing to comply with an obligation). #### 11.12 Obligations of payer (1) A payer served with the documents referred to in rule 11.11 must: (a) attend the enforcement hearing: (i) to answer questions; and (ii) to produce any documents required; and (b) at least 7 days before the enforcement hearing, serve on the payee a Financial Statement setting out the payer’s financial circumstances. (2) Before the day of the enforcement hearing, the payer may produce any documents required to the payee at a mutually convenient time and place. #### 11.13 Subpoena of witness A party may request the court to issue a subpoena to a witness for an enforcement hearing. > Note: Part 6.5 sets out the requirements for issuing subpoenas. #### 11.14 Failure concerning Financial Statement or enforcement hearing (1) A person commits an offence of strict liability if the person does not: (a) comply with a notice under paragraph 11.10(1)(a) requiring the person to complete and serve a Financial Statement; or (b) comply with an order that the person complete and file a Financial Statement or produce copies of documents to the payee (see paragraph 11.10(1)(b)); or (c) if the person is served with an Application—Enforcement: (i) comply with subparagraph 11.12(1)(a)(ii) and paragraph 11.12(1)(b); and (ii) attend the enforcement hearing in accordance with the application or an order; or (d) on attending an enforcement hearing in accordance with an Application—Enforcement or an order, answer a question put to the person to the court’s satisfaction. Penalty: 50 penalty units. > Note: A court may issue a warrant for the arrest of a payer if it is satisfied that the payer was served with an Application—Enforcement and did not attend the enforcement hearing (see rule 11.79). (2) If a person is prosecuted under section 112AP of the Family Law Act for an act or omission referred to in subrule (1), an application must not be made under subrule (1) in respect of that act or omission. ### Division 11.1.3—Enforcement warrants #### 11.15 Request for Enforcement Warrant (1) A payee may, without notice to the payer, ask the court to issue an Enforcement Warrant by filing: (a) an affidavit; and (b) the Enforcement Warrant sought and a copy of it for service. (2) The affidavit must: (a) comply with rule 11.06; and (b) include the following details about the real property (if any) owned by the payer: (i) evidence that the payer is the registered owner; (ii) details of registered encumbrances and of any other person with an interest in the property; and (c) include the following details about the personal property (if any) owned by the payer: (i) the location of the property; (ii) whether there is any other person who may have an interest in the property, including as a part owner or under a hire purchase agreement, lease or lien. > Note: A person seeking to enforce the payment of a child support liability must first apply for an order for the amount owed (see rule 11.03). #### 11.16 Payee’s responsibilities if Enforcement Warrant is issued If an Enforcement Warrant is issued, the payee must give the enforcement officer: (a) the Warrant; and (b) either or both of the following: (i) a written undertaking to pay all reasonable fees and expenses associated with the enforcement if they are greater than the amount recovered on the enforcement; (ii) the amount (if any) required by the enforcement officer to be paid on account for the reasonable fees and expenses of the enforcement. > Note: Although the payee is liable to pay the enforcement officer any reasonable fees and expenses relating to the enforcement, the payee is entitled to recover those fees and expenses under the Enforcement Warrant (see subrule 11.25(2)). #### 11.17 Period during which Enforcement Warrant is in force An Enforcement Warrant remains in force for 12 months from the date when it was issued. #### 11.18 Enforcement officer’s responsibilities (1) An enforcement officer executing an Enforcement Warrant must: (a) seize or sell property of the respondent in the sequence that the enforcement officer considers is best for: (i) promptly enforcing the Warrant; and (ii) avoiding undue expense or delay; and (iii) minimising hardship to the payer and any other person affected; and (b) on enforcing the Warrant: (i) serve a copy of the Warrant on the payer; or (ii) leave the Warrant at the place where it was enforced; and (c) give the payer an inventory of any property seized under the Warrant; and (d) advertise the property in accordance with rule 11.21; and (e) sell the seized property: (i) quickly, having regard to the parties’ interests and the desirability of a beneficial sale of the property; and (ii) at the place where it seems best for a beneficial sale of the property; and (iii) by auction, tender or private sale. > Note: For the powers an enforcement officer has in relation to the enforcement of a warrant, see rule 11.62. (2) The enforcement officer may do any of the following: (a) postpone the sale of the property; (b) refuse to proceed with the sale of the property; (c) seek further information or documents from a payee; (d) defer enforcement until a fee or expense is paid or an undertaking to pay the fee or expense is given; (e) require the payee to indemnify the enforcement officer against any claims arising from the enforcement; (f) sign any documents relating to the transfer of ownership of the property, and any other documents necessary to give title of the property to the purchaser of the property; (g) recover reasonable fees and expenses associated with the enforcement. (3) For the purposes of paragraph (2)(g), fees and expenses recovered by an enforcement officer for enforcing a warrant are taken to be reasonable if the fees and expenses are in accordance with a legislative provision of the Commonwealth, or the State or Territory in which the warrant was enforced. #### 11.19 Directions for enforcement (1) An enforcement officer may seek, by written request to the court, procedural orders to assist in carrying out the enforcement officer’s functions. (2) A request under subrule (1) must: (a) comply with rule 2.14; and (b) set out the procedural orders sought and the reason for the orders; and (c) have attached to it a copy of the order appointing the enforcement officer. (3) The enforcement officer must give a copy of the request to all parties. (4) The court may determine the request without an oral hearing if the court considers it appropriate to do so and the parties to the application consent to the making of the decision without an oral hearing. #### 11.20 Effect of Enforcement Warrant (1) Property seized under an Enforcement Warrant remains the subject of the Enforcement Warrant until it is released by: (a) full payment of the total amount owing under the Enforcement Warrant; or (b) sale; or (c) order; or (d) consent of the payee. (2) If the payer pays the payee the total amount owed under the Enforcement Warrant: (a) the payee must immediately give the enforcement officer written notice of the payment; and (b) the enforcement officer must release any seized property to the payer. (3) In this rule: > total amount owed includes the enforcement officer’s fees and expenses incurred in enforcing the Warrant. #### 11.21 Notice of sale (1) Before selling property seized under an Enforcement Warrant, an enforcement officer must publish a notice of the sale, at least once before the sale, in a newspaper circulating in the town or district in which the sale is to take place. The notice must state: (a) the time and place of the sale; and (b) the details of the property to be sold. (2) Subrule (1) does not apply if the property seized is perishable. (3) For a sale of real property, the notice of sale must include the following details: (a) a concise description of the real property, including its location, that would enable an interested person to identify it; (b) a general statement about any improvements of the real property; (c) a statement of the payer’s last known address; (d) a statement of the payer’s interest, and any entries in the land titles register, that affect or may affect the real property as at the date of the notice; (e) a statement about where a copy of the contract for sale of the property can be obtained. (4) A copy of the notice must be served on the payer at least 14 days before the intended date of sale. #### 11.22 Sale of property at reasonable price (1) An enforcement officer must, in good faith and with reasonable care having regard to all circumstances relevant to the sale of property seized under an Enforcement Warrant, fix a reasonable price for the property. (2) For the purposes of subrule (1), circumstances relevant to the sale price of real property seized under an Enforcement Warrant include: (a) the current value of the property, as provided to the enforcement officer under subparagraph 11.25(1)(b)(vi); and (b) the amount of the highest bid received for the property at any auction of the property. > Note: The enforcement officer or payee may apply, after giving notice to the payer, for an order entitling the enforcement officer to sell the property for the best price obtainable (see rule 11.26). #### 11.23 Conditions of sale of property (1) This rule applies in relation to the sale by an enforcement officer of property seized under an Enforcement Warrant. (2) The enforcement officer must specify as a condition of the sale of the property that the buyer: (a) must pay: (i) a deposit of at least 10% of the price fixed for the property when the buyer’s offer for the property is accepted by the enforcement officer; and (ii) the balance of that price within the period determined by the enforcement officer; or (b) must pay the whole of the price fixed for the property when the enforcement officer accepts the buyer’s offer for the property. (3) The period referred to in subparagraph (2)(a)(ii) must: (a) be determined before the property is offered for sale; and (b) be no longer than 42 days. #### 11.24 Result of sale of property under Enforcement Warrant (1) An enforcement officer must, within 7 days after the day of settlement of a sale of property, file a notice in the court stating: (a) the details of the result of the sale; and (b) the reasonable fees and expenses of the enforcement. (2) The enforcement officer must pay out of the money received from the enforcement: (a) any amount still owing to the enforcement officer for the reasonable fees and expenses of the enforcement; and (b) the balance of any amount owed to the payee under the Enforcement Warrant; and (c) the remaining amount (if any) to the payer. #### 11.25 Payee’s responsibilities (1) At least 28 days before an enforcement officer sells real property under an Enforcement Warrant, the payee must: (a) send to the payer, at the payer’s last known address, and to any mortgagee or other person who has an encumbrance registered on the title to the property that has priority over the Enforcement Warrant, written notice stating: (i) that the Warrant has been registered on the title to the property; and (ii) that the enforcement officer intends to sell the property to satisfy the obligation if the total amount owing is not paid, or arrangements considered satisfactory to the payee have not been made by a date specified in the notice; and (iii) the enforcement officer’s name and address; and (b) give the enforcement officer evidence of the following: (i) proof of compliance with paragraph (a); (ii) that the Warrant has been registered on the land titles register; (iii) details of the real property proposed to be sold including the address and description of the land title of the property; (iv) details of all encumbrances registered against the real property on the date of registration of the Enforcement Warrant; (v) the costs incurred to register the Enforcement Warrant; (vi) the current value of the real property, as stated in a real estate agent’s market appraisal. (2) The payee is liable to pay to the enforcement officer the reasonable fees and expenses of the enforcement. (3) The costs referred to in subparagraph (1)(b)(v) and the fees and expenses referred to in subrule (2) may: (a) be added to, and form part of, the costs of the Enforcement Warrant; and (b) be recovered under the Warrant. #### 11.26 Orders for real property (1) This rule applies to real property in relation to which: (a) an Enforcement Warrant has been requested or issued; or (b) an enforcement order for seizure and sale has been applied for or made. (2) A payee, payer or enforcement officer may apply for an order: (a) that the real property be transferred or assigned to a trustee; or (b) that a party sign all documents necessary for the transfer or assignment; or (c) in aid of or relating to the sale of the real property, including any of the following orders: (i) about the possession or occupancy of the real property until its sale; (ii) specifying the kind of sale, whether by contract conditional on approval of the court, private sale, tender or auction; (iii) setting a minimum price; (iv) requiring payment of the purchase price to a trustee; (v) settling the particulars and conditions of sale; (vi) for obtaining evidence of value; (vii) specifying the remuneration to be allowed to an auctioneer, estate agent, trustee or other person; or (d) about the disposition of the proceeds of the sale of the real property; or (e) in relation to the reasonable fees and expenses of the enforcement. (3) The court may hear an application under subrule (1) in chambers, in the absence of the parties, on the documents filed. #### 11.27 Notice of claim by person affected by an Enforcement Warrant (1) If an enforcement officer seizes, or intends to seize, property under an Enforcement Warrant, an affected person may serve a notice of claim on the enforcement officer. > Note: For affected person, see rule 1.05. (2) A notice of claim must: (a) be in writing; and (b) state the name and address of the affected person; and (c) identify each item of property that is the subject of the claim; and (d) state the grounds of the claim. (3) The enforcement officer must serve a copy of the notice of claim on the payee. (4) The Enforcement Warrant must not be executed until at least 7 days after the notice of claim was served on the payee. #### 11.28 Payee to admit or dispute claim A payee who is served with a notice of claim under subrule 11.27(3) must give the enforcement officer written notice about whether the payee admits or disputes the claim, within 7 days after the notice of claim was served. #### 11.29 Admitting claim If a payee admits an affected person’s claim, the enforcement officer must return the property to its lawful owner in a way that is consistent with the affected person’s claim. #### 11.30 Denial or no response to claim (1) This rule applies if: (a) an enforcement officer has served an affected person’s notice of claim on a payee; and (b) within 7 days after the notice was served, the payee: (i) disputes or does not admit the claim; or (ii) fails to respond to the claim in accordance with rule 11.28. (2) The following people may apply for an order to determine the claim: (a) each party to the Enforcement Warrant; (b) the affected person; (c) the enforcement officer. (3) The Registry Manager must fix a date for hearing an application under this rule that is as close as practicable to 14 days after the date of filing. (4) The application must be served on the following people at least 7 days before the hearing of the application: (a) each party to the Enforcement Warrant; (b) the affected person; (c) the enforcement officer. #### 11.31 Hearing of application On the hearing of an application under rule 11.30, the court may: (a) allow the claim; and (b) order that the affected person and anyone claiming under the affected person be barred from prosecuting the claim against the enforcement officer or payee. > Note: Rules 11.07 and 11.26 set out the orders the court may make on the hearing of the application. ### Division 11.1.4—Third Party Debt Notice #### 11.32 Application of Division 11.1.4 This Division applies to: (a) money deposited in a financial institution that is payable to a payer on call or on notice; and (b) money payable to a payer by a third party on the date when the enforcement order is served on the third party; and (c) earnings payable to a payer. #### 11.33 Money deposited in a financial institution (1) Money deposited in an account in a financial institution that is payable on call is a debt due to the payer even if a condition relating to the account is unsatisfied. (2) Money deposited in an account in a financial institution that is payable on notice is a debt due to the payer at the end of the notice period required, starting on the date of service of the Third Party Debt Notice on the third party debtor. > Note: Some legislative provisions provide for exemptions in relation to some payments: for example, some pensions. #### 11.34 Request for Third Party Debt Notice (1) A payee may, without notice to the payer or third party debtor, ask the court to issue a Third Party Debt Notice requiring the payment to the payee of any money to which this Division applies by filing: (a) 3 copies of the Third Party Debt Notice; and (b) an affidavit. (2) The affidavit must: (a) comply with rule 11.06; and (b) include the following information: (i) the name and address of the third party debtor; (ii) details of the debt to be attached to satisfy the obligation, including its nature and amount; (iii) the information relied on to show that the debt is payable by the third party debtor to the payer; and (c) if it is sought to attach the payer’s earnings—include the following information: (i) details of the payer’s earnings; (ii) details of the payer’s living arrangements, including dependants; (iii) the protected earnings rate; (iv) the amount sought to be deducted from the earnings each payday; (v) any information that should be included in the Third Party Debt Notice to enable the employer to identify the payer. > Note: A person seeking to enforce the payment of a child support liability must first apply for an order for the amount owed (see rule 11.03). #### 11.35 Service of Third Party Debt Notice A payee must serve on a payer and third party debtor: (a) a copy of the Third Party Debt Notice issued under rule 11.34; and (b) a court approved brochure entitled Third Party Debt Notices (which sets out the effect of the Third Party Debt Notice and the third party debtor’s obligations). #### 11.36 Effect of Third Party Debt Notice—general (1) If a Third Party Debt Notice is served on a third party debtor, a debt due or accruing to the payer from the third party debtor is attached and bound in the hands of the third party debtor to the extent specified in the Notice. (2) A Third Party Debt Notice to bind earnings or a regular payment comes into force at the end of 7 days after the order is served on the third party debtor. #### 11.37 Employer’s obligations (1) Under a Third Party Debt Notice directed to earnings, the payer’s employer: (a) must: (i) deduct from the payer’s earnings the amount specified in the notice; and (ii) pay it to the person specified in the notice; and (iii) give to the payer a notice specifying the deductions; and (b) may: (i) deduct from the payer’s earnings an administrative charge of $5 per deduction; and (ii) keep the charge as a contribution towards the administrative cost of making payments under the notice. (2) The employer must ensure that an amount deducted under subrule (1) does not reduce the payer’s earnings to less than the protected earnings rate. (3) A deduction paid or kept by an employer under subrule (1) is a valid discharge, to the extent of the deduction, of the employer’s liability to pay earnings as required by the Third Party Debt Notice. #### 11.38 Duration of Third Party Debt Notice A Third Party Debt Notice continues in force until: (a) the total amount referred to in the Notice is paid; or (b) the Notice is set aside. #### 11.39 Response to Third Party Debt Notice (1) A third party debtor who has been served with a Third Party Debt Notice or an order discharging, varying or suspending the Notice, may apply: (a) to dispute liability to make payments under the Notice; or (b) for procedural orders. (2) The court may hear an application under subrule (1) in chambers, in the absence of the parties, on the documents filed. (3) The court may: (a) order that any money that has been paid to the payee in error: (i) be paid into and held in court; or (ii) be returned to the third party debtor; or (iii) be sent to the payer; and (b) if the third party debtor has not paid the amount specified in the Notice or order referred to in subrule (1)—order the third party debtor to pay all or part of what was required under the Notice or order. > Note: Rule 11.07 sets out the orders that the court may make on an application under this Part. #### 11.40 Discharge of Third Party Debt Notice If a third party debtor pays an amount referred to in a Third Party Debt Notice to the payee, the debt is discharged to the extent of the payment. #### 11.41 Claim by affected person A person other than the payee claiming to be entitled to the debt referred to in a Third Party Debt Notice, or to any charge or lien on, or other interest in, the debt may apply for an order determining the claim by filing an Application in a Proceeding supported by an affidavit stating the facts and circumstances relied on. #### 11.42 Cessation of employment (1) This rule applies if: (a) a Third Party Debt Notice is in force; and (b) the payer’s employer is required by the Notice to redirect part of the payer’s earnings to the payee. (2) If the payer ceases to be employed by the employer, the payer must, within 21 days after the payer ceases to be so employed, give the court written notice stating: (a) that the payer has ceased employment with the employer; and (b) the date on which the employment ceased; and (c) if the payer has a new employer: (i) the name and address of the new employer; and (ii) the place of the payer’s employment by the new employer; and (iii) the amount of the payer’s earnings from employment by the new employer. (3) If the payer ceases to be employed by the employer, the employer must, within 21 days after the payer ceases to be so employed, give the court written notice of the date on which the payer’s employment ceased. (4) If the Registry Manager does not receive a written objection from the payee or the payer within 21 days after a notice under subrule (2) or (3) is given, a new Third Party Debt Notice naming the new employer as the third party debtor must be issued. #### 11.43 Compliance with Third Party Debt Notice (1) A third party debtor commits an offence of strict liability if the third party debtor: (a) does not comply with: (i) a Third Party Debt Notice; or (ii) an order varying, suspending or discharging a Third Party Debt Notice; or (b) unfairly treats a payer in respect of employment because of a Third Party Debt Notice or an order made under this Part. Penalty: 50 penalty units. (2) A penalty imposed under subrule (1) does not affect: (a) an obligation that the third party debtor may have in relation to the payer; or (b) a right or remedy that the payer may have against the third party debtor under another legislative provision. > Note: See Part 11.2 for how to make an application against a third party debtor who does not comply with an enforcement order. (3) If the court makes an order against a third party debtor under section 112AP of the Family Law Act in respect of an act or omission referred to in subrule (1), the third party debtor must not be charged with an offence against subrule (1) in respect of that act or omission. ### Division 11.1.5—Sequestration of property #### 11.44 Application for sequestration of property (1) A payee may apply to the court for an enforcement order appointing a sequestrator of the property of a payer by filing an Application—Enforcement, setting out the details of the property to be sequestered, and an affidavit. (2) The affidavit must: (a) comply with rule 11.06; and (b) include the full name and address of the proposed sequestrator; and (c) include details of the sequestrator’s fees; and (d) have attached to it a consent to the appointment of the sequestrator, signed by the proposed sequestrator. (3) The court may: (a) hear an urgent application under subrule (1) without notice; and (b) make an order that is expressed to operate only until a date fixed by the order. (4) The court may hear an application under this rule in chambers, in the absence of the parties, on the documents filed. > Note: For the hearing of an application in the absence of the parties, see Part 5.3. #### 11.45 Order for sequestration (1) In considering an application for sequestration, the court must be satisfied that: (a) if the obligation to be enforced arises under an order—the payer has been served with the order to be enforced; and (b) the payer has refused or failed to comply with the obligation; and (c) an order for sequestration is the most appropriate method of enforcing the obligation. (2) On appointing a sequestrator, the court may: (a) authorise and direct the sequestrator: (i) to enter and take possession of the payer’s property or part of the property; and (ii) to collect and receive the income of the property, including rent, profits and takings of a business; and (iii) to keep the property and income under sequestration until the payer complies with the obligation or until further order; and (b) fix the remuneration of the sequestrator. > Note: For rules relating to the enforcement of obligations other than an obligation to pay money, see Division 11.1.7. #### 11.46 Order relating to sequestration (1) This rule applies if any of the following people apply to the court for an order relating to a sequestration order: (a) a party to the sequestration order; (b) a creditor of the payer; (c) the Marshal or another officer of the court; (d) a person whose interests are affected by an act or omission of, or decision made by, the sequestrator. (2) The court may order: (a) the sequestrator, or any other person associated with the sequestration, to attend to be orally examined; or (b) the sequestrator to do or not do something; or (c) the sequestrator to be removed from office. #### 11.47 Procedural orders for sequestration (1) A sequestrator may seek, by written request to the court, procedural orders about the sequestrator’s functions. (2) A request under subrule (1) must: (a) comply with rule 2.14; and (b) set out the procedural orders sought and the reason for the orders; and (c) have attached to it a copy of the order appointing the sequestrator. (3) The sequestrator must give a copy of the request to all parties. (4) The court may determine the request in chambers unless: (a) within 7 days after the request is served on a party, the party makes a written objection to the request being determined in chambers; or (b) the court decides that an oral hearing is necessary. ### Division 11.1.6—Receivership #### 11.48 Application for appointment of receiver (1) A payee may apply for an enforcement order appointing a receiver of the payer’s income or property by filing an Application—Enforcement and an affidavit. (2) The affidavit must: (a) comply with rule 11.06; and (b) include the full name and address of the proposed receiver; and (c) include details of the receiver’s fees; and (d) have attached to it the consent to the appointment of receiver, signed by the proposed receiver. (3) The court may hear an application under subrule (1) in chambers, in the absence of the parties, on the documents filed. > Note: For the hearing of an application in the absence of the parties, see Part 5.3. #### 11.49 Appointment and powers of receiver (1) In considering an application under subrule 11.48(1), the court must have regard to: (a) the amount of the debt; and (b) the amount likely to be obtained by the receiver; and (c) the probable costs of appointing and paying a receiver. (2) When appointing a receiver, the court must make orders about: (a) the receiver’s remuneration (if any); and (b) the security (if any) to be given by the receiver; and (c) the powers of the receiver; and (d) the parties to whom, and the intervals or dates at which, the receiver is to submit accounts. (3) The court may authorise a receiver to do (in the receiver’s name or otherwise) anything the payer may do. (4) The receiver’s powers operate to the exclusion of a payer’s powers during the receivership. (5) The court may, on application by an interested person, make procedural orders about the powers of the receiver. > Note: For rules relating to the enforcement of obligations other than an obligation to pay money, see Division 11.1.7. #### 11.50 Security A receiver’s appointment by the court starts when: (a) the order appointing the receiver is made; and (b) the receiver files any security ordered that is acceptable to the court for the performance of the receiver’s duties. #### 11.51 Accounts A party to whom a receiver must submit accounts may, on giving reasonable written notice to the receiver, inspect, either personally or by an agent, the documents and things on which the accounts are based. #### 11.52 Objection to accounts (1) A party who objects to the accounts submitted by a receiver may serve written notice on the receiver: (a) specifying the items to which objection is taken; and (b) requiring the receiver to file the receiver’s accounts with the court within a specified period that is at least 14 days after the notice is served. (2) The court may examine the items to which objection is taken. (3) The court: (a) must, by order, declare the result of an examination under subrule (2); and (b) may make an order for the costs and expenses of a party or the receiver. #### 11.53 Removal of receiver The court may: (a) set aside the appointment of a receiver at any time; and (b) make orders about the receivership and the receiver’s remuneration. #### 11.54 Compliance with orders and Rules If a receiver contravenes an order or these Rules, the court may: (a) set aside the receiver’s appointment; and (b) appoint another receiver; and (c) order the receiver to pay the costs of an application under this rule; and (d) deprive the receiver of remuneration and order the repayment of remuneration already paid to the receiver. > Note: This rule does not limit the court’s powers relating to contempt or the enforcement of orders. ### Division 11.1.7—Enforcement of obligations other than an obligation to pay money #### 11.55 Application for other enforcement orders A person may apply, without notice to the respondent, for any of the following orders by filing an Application—Enforcement and an affidavit: (a) an order requiring a person to sign documents under section 106A of the Family Law Act; (b) an order to enforce possession of real property; (c) an order for the transfer or delivery of property. #### 11.56 Warrant for possession of real property (1) An order for the possession of real property may be enforced by a warrant for possession only if the respondent has had at least 7 days notice of the order to be enforced before the warrant is issued. (2) A court may issue a warrant for possession authorising an enforcement officer to enter the real property described in the warrant and give possession of the real property to the person entitled to possession. (3) If a person other than the respondent occupies land under a lease or written tenancy agreement, a warrant for possession may be issued only if the court gives permission. #### 11.57 Warrant for delivery A person entitled under an order for the delivery of personal property specified in the order may apply for that order to be enforced by a warrant authorising an enforcement officer to seize the property and deliver it to the person who is entitled to it under the order. #### 11.58 Warrant for seizure and detention of property (1) If an order specifies a time for compliance and that time has passed without compliance, a person entitled to enforce the order may seek a warrant authorising an enforcement officer to seize and detain all real and personal property (other than prescribed property) in which the respondent has a legal or beneficial interest. > Note: For prescribed property, see rule 1.05. (2) If the respondent complies with the order or is released from compliance, the court may order that the property be returned to the respondent, after the costs of enforcement have been deducted. ### Division 11.1.8—Other provisions about enforcement #### 11.59 Service of order An order may be enforced against a person only if: (a) a sealed copy of the order is served on the person; or (b) the court is otherwise satisfied that the person has received notice of the terms of the order. #### 11.60 Certificate for payments under maintenance order (1) This rule applies if an order specifies that maintenance must be paid to a Registrar of a court or an authority. (2) The Registrar or authority must, at the request of the court or a party to the order, give the court or party a certificate stating the amounts that, according to the records of the court or authority, have been paid and remain unpaid. (3) A certificate given in accordance with subrule (2) may be received by the court in evidence. #### 11.61 Enforcement by or against a non‑party (1) If an order is made in favour of a person who is not a party to a proceeding, the person may enforce the order as if the person were a party. (2) If an order is made against a person who is not a party to a proceeding, the order may be enforced against the person as if the person were a party. #### 11.62 Powers of enforcement officer An enforcement officer may, when enforcing a warrant (with such assistance as the enforcement officer requires and, if necessary, by force) do any of the following: (a) enter and search any real property: (i) that is the subject of the warrant; or (ii) for the purpose of seizing any property the subject of the warrant; (b) if the warrant is for the seizure and sale of real property—enter and remove from the property any person who is not lawfully entitled to be on the property; (c) take possession of or secure against interference any property the subject of the warrant; (d) remove any property the subject of the warrant from the place where it is found, place it in storage, or deliver it to another person or place for a purpose authorised by the warrant. > Note: The powers specified in this rule are in addition to, and do not derogate from, any other powers conferred by law on the enforcement officer. ## Part 11.2—Contravention of orders and contempt ### Division 11.2.1—Applications on contravention of orders #### 11.63 Application of Division 11.2.1 This Division applies to an application for an order under the following: (a) section 67X of the Family Law Act; (b) Division 13A of Part VII of that Act; (c) Part XIIIA of that Act. > Note 1: Subsection 69C(2) of the Family Law Act specifies who may apply for an order in relation to a child. Subsection 67X(3) of the Family Law Act sets out the consequences of contravening subsection 67X(2) in relation to a recovery order. Division 13A of Part VII of the Family Law Act sets out the consequences of failing to comply with an order or other obligation that affects children. Part XIIIA of the Family Law Act sets out the sanctions the court may impose on a person who fails to comply with an order or other obligation that does not affect children. > Note 2: The court: (a) must not impose a sentence of imprisonment: (i) for non‑compliance with a maintenance order unless it is satisfied that the contravention was intentional or fraudulent (see subsections 70NCE(1) and 112AD(2A) of the Family Law Act); or (ii) if it considers that another consequence is more appropriate (see subsections 70NBF(4) and 112AE(2) of the Family Law Act); and (b) cannot enforce an order of another court unless the order is registered in the first‑mentioned court (see section 105 of the Family Law Act and section 75 of the Family Law Regulations). #### 11.64 How to apply for an order (1) A person seeking to apply for an order under this Division must file an application as set out in Table 11.1. ```html <table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Table 11.1—Applications on contravention of orders</span></p></td></tr><tr><td style="width:8.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:58.94%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Kind of application</span></p></td><td style="width:32.34%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Application form to be filed</span></p></td></tr></thead><tbody><tr><td style="width:8.72%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:58.94%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Contravention of subsection</span><span> </span><span>67X(2) of the Family Law Act in relation to a recovery order</span></p></td><td style="width:32.34%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Application—Contravention</span></p></td></tr><tr><td style="width:8.72%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:58.94%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Contravention of a child</span><span>‑</span><span>related order (within the meaning of subsection</span><span> </span><span>70NBA(2) of the Family Law Act) under Division</span><span> </span><span>13A of Part</span><span> </span><span>VII of the Family Law Act (for example, a breach of a parenting order)</span></p></td><td style="width:32.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Application—Contravention</span></p></td></tr><tr><td style="width:8.72%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:58.94%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Contravention of an order under this Act (as defined by section</span><span> </span><span>112AA of the Family Law Act) under Part</span><span> </span><span>XIIIA of the Family Law Act not affecting children (for example, a breach of a financial or property order)</span></p></td><td style="width:32.34%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Application—Contravention</span></p></td></tr><tr><td style="width:8.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:58.94%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Failure to comply with a bond entered into in accordance with the Family Law Act</span></p></td><td style="width:32.34%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Application—Contravention</span></p></td></tr></tbody></table> ``` (2) A person filing an application referred to in Table 11.1 must file with it an affidavit that: (a) states the facts necessary to enable the court to make the orders sought in the application; and (b) has attached to it a copy of any order, bond, agreement or undertaking that is alleged to have been contravened. > Note: Example: For the purposes of paragraph (2)(a), if a person alleges in an Application—Contravention that another person has behaved in a way that showed a serious disregard of the other person’s obligations under a parenting order (see paragraph 70NBF(3)(b) of the Family Law Act), the affidavit must set out the alleged facts necessary to prove this. > Note: An application referred to in Table 11.1 and its supporting affidavit must be served personally on the respondent (see Table 2.2). (3) The affidavit filed with an application referred to in item 3 of Table 11.1 must also state: (a) whether a court has previously found that the respondent contravened the primary order without reasonable excuse; and (b) the details of any finding made under paragraph (a), including: (i) the date and place of the finding; and (ii) the court that made the finding; and (iii) the terms of the finding in sufficient detail to show that the finding related to a previous contravention by the respondent of the primary order. #### 11.65 Application made or continued by Marshal The court may direct the Marshal or another officer of the court to make or continue an application under this Division. #### 11.66 Fixing of hearing date If an application is filed under subrule 11.64(1), the Registry Manager must fix a date for a hearing that is as near as practicable to 14 days after the date of filing. > Note: When an application is filed, the court may order the parties to attend family counselling, family dispute resolution or a specified parenting program (see section 13C of the Family Law Act). #### 11.67 Response to an application A respondent to an application referred to in Table 11.1 may file an affidavit but is not required to do so. #### 11.68 Failure of respondent to attend If a respondent fails to attend the hearing in person or by a lawyer, the court may: (a) determine the proceeding; or (b) issue a warrant for the respondent’s arrest to bring the respondent before a court; or (c) adjourn the application. #### 11.69 Procedure at hearing At the hearing of an application referred to in Table 11.1, the court must: (a) inform the respondent of the allegation; and (b) ask the respondent whether the respondent wishes to admit or deny the allegation; and (c) hear any evidence supporting the allegation; and (d) ask the respondent to state the response to the allegation; and (e) hear any evidence for the respondent; and (f) determine the proceeding. > Note: For the orders that may be made by the court, see sections 67X, 70NBA, 70NBB, 70NBC, 70NBD, 70NBF, 70NCA, 70NCB, 112AD, 112AE, 112AF, 112AG, 112AH and 112AP of the Family Law Act. ### Division 11.2.2—Contempt #### 11.70 Contempt in the face or hearing of court (1) If it appears to the court that a person is guilty of contempt in the face of or in the hearing of the court, the court may: (a) order that the person attend before the court; or (b) issue a warrant for the person’s arrest. (2) When the person attends before the court, the court must: (a) tell the person of the contempt with which the person is charged; and (b) allow the person to state the person’s defence to the charge; and (c) after hearing the defence, determine the charge; and (d) make an order for the punishment or discharge of the person. (3) The court may direct that the person be kept in custody or released until the charge is determined. (4) The court may direct that the person give security for the person’s attendance before the court to answer the charge. > Note: Contempt in the court room interferes with the administration of justice. Examples of actions that may be contempt include: (a) assaulting or threatening a Judge or another person; and (b) insulting the court; and (c) disrupting court proceedings; and (d) disrespect or other misbehaviour in court. #### 11.71 Contempt applications (1) If it is alleged that a person has committed a contempt of the court (whether or not the contempt occurred in the face or hearing of the court), an application may be made to the court for the person to be dealt with for the contempt. (2) An application must: (a) be in accordance with the approved form; and (b) state the contempt alleged; and (c) be supported by an affidavit setting out the facts relied on. > Note: Example: For the purposes of paragraph (2)(c), if a person alleges, in an Application—Contempt, that a party is in contempt because of a contravention of an order that involved a flagrant challenge to the court’s authority (see subsection 112AP(1) of the Family Law Act), the affidavit must set out the alleged facts necessary to prove this. > Note: An application under this rule and its supporting affidavit must be served personally on the respondent (see Table 2.2). (3) An application may be made: (a) if the contempt is in connection with a proceeding—by a party to the proceeding; or (b) by the Marshal or another officer of the court; or (c) by an officer or staff member of the Australian Federal Police; or (d) by a member of the police force of a State or Territory. (4) The court may direct the Marshal or another officer of the court to consider making an application. (5) If the court considers that the person is likely to leave the jurisdiction of the court, the court may issue a warrant for the arrest and detention of the person in custody until the person: (a) attends before the court to answer the charge; or (b) gives security, as directed by the court, for the person’s attendance before the court to answer the charge. (6) When the person attends before the court, the court must: (a) tell the person of the allegation; and (b) ask the person to state whether the person admits or denies the allegation; and (c) hear any evidence in support of the allegation. (7) After hearing evidence in support of the allegation, the court may: (a) if the court decides there is no prima facie case—dismiss the application; or (b) if the court decides there is a prima facie case: (i) invite the person to state the person’s defence to the allegation; and (ii) after hearing any defence, determine the charge. > Note: If a maintenance order is complied with before an Application—Contempt is heard by the court, the failure to comply with the order that led to the Application—Contempt being filed does not constitute a contempt of court (see subsection 112AP(1A) of the Family Law Act). (8) If the court finds the charge proved, the court may make an order for the punishment of the person. > Note: Part XIIIB of the Family Law Act sets out the punishment the court may impose on a person found to be in contempt of court. ### Division 11.2.3—Parenting orders: compliance #### 11.72 Duties of program provider (1) The provider of a post‑separation parenting program required to inform the court of a matter under subsection 70NBD(3) of the Family Law Act must do so by notice in accordance with subrule (2). > Note: Subsection 70NBD(3) of the Family Law Act requires the provider of a post‑separation parenting program to inform the court if: (a) the provider considers that a person ordered to attend the program under subsection 70NBD(1) is unsuitable to attend the program, or to continue attending the program; or (b) a person ordered to attend the program under subsection 70NBD(1) fails to attend the program, or a part of it. (2) The notice must: (a) be in writing and addressed to the Registry Manager of the filing registry; and (b) comply with rule 2.14. #### 11.73 Relisting for hearing If the Registry Manager receives a notice under subrule 11.72(1), a Judicial Registrar or the Registry Manager may list the proceeding for further orders under subsection 70NBD(4) of the Family Law Act. ### Division 11.2.4—Location and recovery orders #### 11.74 Application of Division 11.2.4 This Division applies to the following orders: (a) a location order; (b) a Commonwealth information order; (c) a recovery order. > Note: See sections 67J to 67Y of the Family Law Act. #### 11.75 Application for order under Division 11.2.4 A person may apply for an order to which this Division applies: (a) if there is a current proceeding before the court—by filing an Application in a Proceeding supported by an affidavit; or (b) in any other case—by filing an Initiating Application (Family Law). > Note: For the requirements for making a Commonwealth information order, see section 67N of the Family Law Act. #### 11.76 Fixing of hearing date The Registry Manager must fix a date for a hearing that is within 14 days after the application was filed, if practicable. #### 11.77 Service of recovery order (1) This rule applies to a person who is ordered or authorised by a recovery order to take the action referred to in paragraph 67Q(b), (c) or (d) of the Family Law Act. (2) If the person: (a) is ordered to find and recover a child; and (b) finds and recovers the child; the person must serve the recovery order on the person from whom the child is recovered at the time the child is recovered. (3) For the enforcement of a recovery order: (a) the original recovery order is not necessary; and (b) a copy of the sealed recovery order is sufficient. #### 11.78 Application for directions for execution of recovery order (1) The following people may, by written request to the court, seek procedural orders in relation to a recovery order: (a) a party; (b) a person who is ordered or authorised by a recovery order to take the action referred to in paragraph 67Q(b), (c) or (d) of the Family Law Act. (2) A request under subrule (1) must: (a) comply with rule 2.14; and (b) set out the procedural orders sought; and (c) be accompanied by an affidavit setting out the facts relied on and the reason for the orders. (3) The court may determine the request in chambers. ### Division 11.2.5—Warrants for arrest #### 11.79 Application for warrant (1) A party may apply, without notice, for a warrant to be issued for the arrest of a respondent if: (a) the respondent is required to attend court on being served with: (i) an application for an enforcement hearing under rule 11.11; or (ii) a subpoena or order directing the respondent to attend court; or (iii) an application referred to in Table 11.1; or (iv) an application under rule 11.71; and (b) the respondent does not attend at court on the date fixed for attendance. (2) If a warrant is issued, it must have attached to it a copy of the application, subpoena or order referred to in paragraph (1)(a). > Note: The court may issue a warrant on an oral application. #### 11.80 Execution of warrant (1) A warrant may authorise: (a) a member of the Australian Federal Police; or (b) a member of the police service of a State or Territory; or (c) the Marshal or another officer of the court; or (d) any other person appointed by the court; to proceed to enforce the warrant. (2) A person authorised to enforce a warrant may act on the original warrant or a copy. (3) When the warrant is enforced, the person arrested must be served with a copy. #### 11.81 Duration of warrant A warrant (other than a warrant issued under section 70NDA of the Family Law Act) ceases to be in force 12 months after the date when it is issued. #### 11.82 Procedure after arrest (1) If the court issues a warrant for a person’s arrest, it may order that the person arrested: (a) be held in custody until the hearing of the proceeding; or (b) be released from custody on compliance with a condition, including a condition that the person enter into a bond. (2) A person who arrests another person under a warrant must: (a) arrange for the person arrested to be brought before the court that issued the warrant or another court having jurisdiction under the Family Law Act, before the end of the holding period; and (b) take all reasonable steps to ensure that, before the person arrested is brought before a court, the person on whose application the warrant was issued is advised about: (i) the arrest; and (ii) the court before which the person arrested will be brought; and (iii) the date and time when the person arrested will be brought before the court. (3) When a person arrested under a warrant is brought before a court, the court may: (a) if the court issued the warrant: (i) make any of the orders referred to in subrule (1); or (ii) adjourn the proceeding and direct the Registry Manager to take all reasonable steps to ensure that the person on whose application the warrant was issued is advised about the arrest and the date and time when the person must attend before the court if the person wishes to bring or continue an application; or (iii) if the application for which the warrant was issued is before the court or the court allows another application—hear and determine the application; or (iv) if there is no application before the court—order the release from custody of the person arrested; and (b) if the court did not issue the warrant: (i) order that the person arrested be held in custody until the person is brought before the court specified in the warrant; and (ii) make an order referred to in subrule (1); and (iii) make inquiries of the court that issued the warrant (for example, inquiries about current applications and hearing dates). (4) A person arrested under this rule who is still in custody at the end of the holding period must be released from custody unless otherwise ordered. (5) This rule does not apply to a person who is arrested: (a) under a warrant issued under section 70NDA of the Family Law Act; or (b) without a warrant, under a recovery order; or (c) without a warrant, under sections 68C and 114AA of the Family Law Act. > Note: The provisions referred to in subrule (5) are excluded because the procedure on arrest is set out in the Family Law Act. (6) In this rule: > holding period, for a person arrested in accordance with a warrant, has the meaning given by subsection 70PB(4) of the Family Law Act. #### 11.83 Application for release or setting aside warrant A person arrested in accordance with a warrant may apply: (a) for the warrant to be set aside; or (b) to be released from custody.