Part 44applies with the necessary changes to the enforcement of a

Part 44 applies with the necessary changes to the enforcement of a part of an order for the delivery of goods that is for the payment of 45.03 Enforcement where order for value of goods only If an order is for the assessed value of goods only, the order may be enforced by the same means as any other order for the payment of money. Part 46 Warrant of possession 46.01 Application for warrant (1) A person in whose favour the Court makes an order for the possession of land may apply to a registrar in accordance with rule 43.01 for the issue of a warrant of possession to enforce the (2) A warrant of possession is to be in accordance with Form 46A. 46.02 Goods need not be removed On the execution of a warrant of possession, the bailiff need not remove goods found on land. 46.03 Enforcement where order includes payment of money Part 44 applies with the necessary changes to the enforcement of a part of an order for possession of land that is for the payment of 47.01 Application for examination summons (1) If a judgment debtor defaults in the payment of a judgment debt, a judgment creditor may apply to a registrar for the issue of an examination summons under section 26 of the Local Court (Civil Procedure) Act 1989 by filing: (a) an application in accordance with Form 47A; and (b) an examination summons in accordance with Form 47B. Local Court (Civil Jurisdiction) Rules 1998 129 (2) The judgment creditor may specify in the application particular property or matters on which he or she wishes the judgment debtor to be examined. (3) Where the judgment debtor is a corporation, the examination summons is to require an officer of the corporation to attend to be orally examined. 47.02 Filing and issue of examination summons (1) The judgment creditor must file: (a) sufficient copies of the examination summons to enable service on each judgment debtor who is to be examined; and (b) a further copy for the registrar who is to conduct the examination. (2) The registrar who issues the examination summons must mark on it the date, time and place fixed for the examination of the judgment debtor. (3) Where the examination is to be conducted by a registrar other than the registrar who issued the examination summons, the issuing registrar must as soon as practicable forward a copy of the summons and the application to the Registrar who is to conduct the examination. 47.03 Service of summons and declaration Not later than 14 days before the date fixed for the examination, the judgment creditor must serve personally on each judgment debtor who is to be examined: (a) a copy of the examination summons; and (b) a judgment debtor's declaration of financial circumstances in accordance with: (i) if the judgment debtor is an individual – Form 47C; or (ii) if the judgment debtor is a corporation – Form 47D. 47.04 Judgment debtor to complete declaration (1) Not later than 7 days before the date fixed for the examination, the judgment debtor who is to be examined must: (a) complete and sign the declaration of financial circumstances; (b) return the original to the Court; and Local Court (Civil Jurisdiction) Rules 1998 130 (c) send a copy to the judgment creditor. (2) The fact that a completed Form 47C or 47D has not been received by the Court does not prevent the issue of other process. 47.05 Examination of judgment debtor (1) At an examination, a judgment debtor summoned to attend must produce the documents described in the examination summons. (2) An examination need not be conducted in open court. (3) In an examination, the judgment debtor may be examined by: (a) the registrar conducting the examination; (b) the judgment creditor; or (c) a person in the exclusive employ of a judgment creditor. (4) An examination need not be confined to matters in the judgment debtor's declaration of financial circumstances. 47.06 Orders registrar may make After the examination of a judgment debtor, the Registrar who conducted the examination may make an order for payment of the judgment debt that the circumstances require, including but not limited to: (a) an attachment of earnings order under Part 48; (b) an attachment of debts order under Part 49; or (c) an instalment order under Part 50. 47.07 Failure to attend for examination If, at the time fixed (whether originally or on adjournment) for the examination: (a) the judgment debtor who is to be examined fails to attend before the Court; (b) the Court has no information that satisfies it that the judgment debt has been paid; and (c) there is proof: (i) of service on the judgment debtor of the examination summons; or Local Court (Civil Jurisdiction) Rules 1998 131 (ii) of notification of the date, time and place fixed for an adjourned examination, the Court may: (d) adjourn the examination; or (e) make an order that: (i) subject to the conditions in subparagraph (ii), a warrant for the arrest of the judgment debtor may be issued; and (ii) the judgment debtor may avoid arrest if, not later than 14 days after the date on which the order was made, he or she pays the amount owing to the judgment debtor or contacts the Court to make arrangements to attend before the Court to be examined and is examined as arranged. 47.08 Copy of order A registrar must without delay forward a sealed copy of an order made under rule 47.07(e) to the judgment debtor and judgment creditor. 47.09 Application for arrest warrant (1) The judgment creditor may, not less than 14 days after the date on which an order under rule 47.07(e) is made, apply for the issue of a warrant for the arrest of the judgment debtor if, at the time of the application, the judgment debtor has failed to: (a) pay the judgment debt in full; or (b) attend before the Court to be examined. (2) An application for a warrant for the arrest of a judgment debtor is to be in accordance with Form 47E and is to be filed with a warrant in accordance with Form 47F. 47.10 Duration of arrest warrant (1) A warrant for the arrest of a judgment debtor is valid for execution for 12 months after the date on which it is issued. (2) The validity of a warrant for the arrest of a judgment debtor may be extended in accordance with rule 43.04. Local Court (Civil Jurisdiction) Rules 1998 132 48.01 Definitions appropriate deduction means the amount that the Court considers to be: (a) a reasonable deduction from the net earnings; and (b) not more than is necessary, to pay the judgment debt within a reasonable time after an attachment of earnings order is made. earnings means money payable to a judgment debtor by way of: (a) wages or salary, including fees, bonuses, commission, pay in lieu of leave or retirement benefit, overtime pay or other profits arising from the judgment debtor's office or employment; or (b) a pension, including: (i) an annuity for past services whether or not the services were rendered to the person paying the annuity; and (ii) periodic payments of compensation for the loss, abolition or relinquishment of, or a reduction in profits arising from, an office or employment, but does not include a pension under the Social Security Act 1991 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth. employer means a person (including the Crown, a Minister of the Crown and a statutory authority representing the Crown) by whom, as a principal and not as a servant or agent, earnings are payable or are likely to become payable to a judgment debtor. net earnings means the earnings payable to a judgment debtor by an employer on a pay-day after the deduction of: (a) tax instalments under the Income Tax Assessment Act 1936 of the Commonwealth; and (b) superannuation contributions under the Superannuation Act 1986 of the Commonwealth. Local Court (Civil Jurisdiction) Rules 1998 133 protected earnings means the amount of the net earnings below which the Court considers it unreasonable for the earnings to be reduced by a payment to the judgment creditor made in compliance with an attachment of earnings order, having regard to the resources and needs of the judgment debtor and any other person for whom the judgment debtor provides or reasonably may provide. 48.02 Attachment of earnings order (1) If a registrar is satisfied that a judgment debtor: (a) is a person to whom earnings are payable or are likely to become payable; and (b) has failed to comply with an order for the payment of money, the registrar may make an attachment of earnings order in accordance with this Part. (2) Where an attachment of earnings order is in force, a registrar must not: (a) issue a warrant; (b) issue other process of execution; or (c) make an order, for the enforcement of the order to which the attachment of earnings order relates unless the Court orders otherwise. 48.03 Attachment of earnings order in place of other order Where an application is made to the Court to enforce an order for the payment of money, the Court may make an attachment of earnings order instead of making some other order. 48.04 Application for attachment of earnings order (1) A judgment creditor may apply for an attachment of earnings order by filing: (a) an attachment of earnings summons in accordance with Form 48A; and (b) an affidavit in accordance with Form 48B. (2) The affidavit may contain statements of fact based on information and belief if the grounds are set out. Local Court (Civil Jurisdiction) Rules 1998 134 (3) When a registrar issues an attachment of earnings summons, he or she must fix a date, time and place for the hearing of the application and mark them on the summons. (4) Not later than 14 days before the date fixed for the hearing, the judgment creditor must serve personally on the judgment debtor: (a) a copy of the attachment of earnings summons; (b) a copy of the affidavit; and (c) a judgment debtor's declaration of financial circumstances in accordance with Form 47C. (5) Not later than 7 days before the date fixed for the hearing, the judgment debtor must: (a) complete and sign the declaration of financial circumstances; (b) return the original declaration to the Court; and (c) serve a copy on the judgment creditor. 48.05 Order in absence of judgment debtor (1) If the judgment debtor fails to attend the hearing, a registrar may make an attachment of earnings order if he or she has sufficient information about the judgment debtor's financial circumstances and is satisfied that the judgment debtor: (a) was served with a copy of the attachment of earnings summons and affidavit; (b) had a reasonable opportunity of attending the hearing; and (c) is employed by an identified employer. (2) For the purposes of this rule, a registrar may act on: (a) the assumption that the debtor is earning the average weekly wage for the Territory at the time of the hearing; (b) evidence given by or on behalf of the judgment debtor's employer; (c) evidence given by a spouse or de facto partner of the judgment debtor; (d) information given in the judgment debtor's declaration of financial circumstances; or Local Court (Civil Jurisdiction) Rules 1998 135 (e) information given in an examination of the judgment debtor under Part 47. (3) If the registrar has, in his or her opinion, sufficient evidence to determine the appropriate deduction and the protected earnings and that evidence includes: (a) information given in the judgment debtor's declaration of financial circumstances; or (b) information given in an examination of the judgment debtor under Part 47, the registrar may make an attachment of earnings order with the appropriate deduction and the protected earnings specified in dollars. (4) If the registrar does not have sufficient evidence to determine the appropriate deduction and the protected earnings in dollars, the registrar may make an attachment of earnings order with those amounts specified as percentages of the net earnings, provided that the protected earnings are specified as 80% or more. 48.06 Form and content of order (1) An attachment of earnings order is to be in accordance with Form 48C. (2) An attachment of earnings order is to specify: (a) the date on which and the amount for which the order for the payment of money was made; (b) the amount owing in respect of the judgment debt on the date the attachment of earnings order is made; (c) the appropriate deduction; (d) the protected earnings; and (e) an amount, specified in dollars, the employer may deduct from the net earnings and pay to himself or herself for the administrative costs of making payments in compliance with the attachment of earnings order. 48.07 When order comes into force An attachment of earnings order comes into force at the end of 7 days after the day on which the order is served on the employer. Local Court (Civil Jurisdiction) Rules 1998 136 48.08 Service of order (1) The judgment creditor must serve an attachment of earnings order personally on the judgment debtor and employer. (2) The judgment creditor must also serve personally on the employer: (a) a notice in accordance with Form 48D informing the employer of the effect of the attachment of earnings order and the employer's obligation under this Part; and (b) 2 copies of a notice in accordance with Form 48E. 48.09 Notice by person who is not employer (1) If a person served with an attachment of earnings order directed to that person is not the judgment debtor's employer at the time of service, the person must, promptly after service, give notice of that fact to a registrar and the judgment creditor in accordance with Form 48E. (2) If a person served with an attachment of earnings order directed to the person is the employer of the judgment debtor at the time of service, but later ceases to be the judgment debtor's employer, the person must, promptly after ceasing to be the judgment debtor's employer, give notice of that fact to a registrar and the judgment creditor in accordance with Form 48E. 48.10 Payments by employer (1) For the purposes of this rule, excess means the amount by which the net earnings are in excess of the protected earnings specified in an attachment of earnings order. (2) Where an attachment of earnings order is in force, on each pay-day that there is an excess the employer to whom the order is directed must make payments out of the excess in accordance with this rule. (3) Subject to subrule (4), the employer: (a) may first pay to himself or herself the amount specified in the order for the employer's administrative costs; and (b) must then pay to the judgment creditor the appropriate deduction specified in the order. Local Court (Civil Jurisdiction) Rules 1998 137 (4) If the excess is insufficient to allow for payment in full under subrule (3), the employer: (a) on that pay-day – may first pay as much as the excess allows towards the administrative costs; (b) on that pay-day – must then pay as much as the excess allows towards the appropriate deduction; and (c) on a later pay-day – must pay the deficit in accordance with subrule (5). (5) If on a pay-day there remains an excess after payment under subrule (3), the employer must pay from that excess as much of the total deficit from previous pay-days as the excess allows: (a) first towards the outstanding administrative costs; and (b) then towards the outstanding appropriate deductions. 48.11 Notice to judgment debtor of payments An employer who makes a payment in compliance with an attachment of earnings order must give the judgment debtor a notice specifying the particulars of the payment. 48.12 Multiple attachment of earnings orders (1) Where 2 or more attachment of earnings orders are in force in respect of an employee (whether made under these Rules or otherwise), the employer to whom the orders are directed must: (a) comply with the orders according to: (i) the respective dates; or (ii) if served on the same date – the respective times, they were served on the employer; and (b) disregard an order served on the employer at a later date or time until an order served earlier has been complied with. (2) For the purpose of this rule, where an attachment of earnings order is varied under rule 48.15, it is to be taken to have been made as varied on the date the attachment of earnings order was made. Local Court (Civil Jurisdiction) Rules 1998 138 48.13 Failure of employer to comply with order (1) If the employer wilfully fails to comply with the attachment of earnings order, the judgment creditor may apply to have the order enforced against the employer by filing: (a) an application in accordance with Form 48F; and (b) an affidavit in support of the application. (2) A registrar must fix a date, time and place for the hearing of the application and mark them on the application. (3) The judgment creditor must serve the application and affidavit personally on the employer not later than 14 days before the date fixed for the hearing. 48.14 Determination of earnings (1) An employer may apply to the Court for a determination as to whether payments of a particular description are earnings for the purpose of an attachment of earnings order. (2) An application under subrule (1) is to be made in the proceedings in which the attachment of earnings order is made. (3) An applicant under subrule (1) does not incur a liability for failing to comply with the attachment of earnings order with respect to a payment of earnings to the judgment debtor of the description specified in the application while the application, or an appeal from an order made at the hearing of the application, is pending. 48.15 Discharge, suspension or variation of order (1) The judgment creditor or the judgment debtor may apply to the Court for an order to discharge, suspend or vary an attachment of earnings order. (2) The judgment creditor or judgment debtor must serve an order discharging, suspending or varying an attachment of earnings order on: (a) the judgment debtor or judgment creditor, as the case may be; and (b) the employer. (3) An order discharging, suspending or varying an attachment of earnings order comes into force at the end of 7 days after the day on which the order is served on the employer. Local Court (Civil Jurisdiction) Rules 1998 139 48.16 Cessation of order (1) An attachment of earnings order ceases to have effect: (a) on being discharged under rule 48.15; or (b) unless the Court orders otherwise, on the making of another order for the enforcement of the order for the payment of money in relation to which the attachment of earnings order was made. (2) When an attachment of earnings order ceases to have effect, a registrar must promptly give notice to the employer in accordance with Form 48G. (3) When an attachment of earnings order ceases to have effect, the employer does not incur a liability for treating the order as still in force at any time before: (a) a copy of the order discharging the attachment of earnings order is served on the employer (where applicable); or (b) the end of 7 days after the day on which notice is given under subrule (2), whichever occurs first. 49.01 Interpretation (1) In this Part: debts does not include earnings under Part 48. garnishee means a person from whom a judgment creditor claims that a debt is due or accruing to a judgment debtor. (2) For the purposes of the definition of garnishee in subrule (1), an amount standing to the credit of a judgment debtor in an account in an ADI, co-operative housing society or similar society, investment fund or corporation is a debt due or accruing to the judgment debtor, whether or not a demand or notice is required before money may be withdrawn. Local Court (Civil Jurisdiction) Rules 1998 140 49.02 When attachment of debts order may be made (1) For the enforcement of an order for the payment of money, a registrar may order that all debts due or accruing to the judgment debtor from a garnishee specified in the order made by the registrar are to be attached to satisfy the judgment debt. (2) A debt may be attached under this Part if it is due or accruing to the judgment debtor from the garnishee on the day on which a judgment creditor applies for an attachment of debts order. 49.03 Application for order (1) A judgment creditor may apply for an attachment of debts order by filing: (a) a garnishee summons in accordance with Form 49A; and (b) an affidavit stating: (i) that the judgment debt is unsatisfied, either wholly or to a specified amount; (ii) that a debt is due or accruing to the judgment debtor from the garnishee; (iii) the particulars identifying the transaction between the judgment debtor and the garnishee under which the debt is due or accruing; and (iv) that the garnishee is in the Territory. (2) An affidavit under this rule may contain statements of fact based on information and belief if the grounds are set out. (3) The registrar who issues the summons must mark on it the date, time and place fixed for the hearing of the application. 49.04 Service of summons and affidavit The judgment creditor must serve a copy of the garnishee summons and affidavit personally on the garnishee and judgment debtor not later than 14 days before the date fixed for the hearing of the application. Local Court (Civil Jurisdiction) Rules 1998 141 49.05 Dispute of liability by garnishee (1) If a garnishee disputes liability for payment of the debt to the judgment debtor, he or she may file and serve on the judgment creditor and judgment debtor an affidavit stating that fact and the grounds on which liability is disputed. (2) The affidavit is to be served not less than 7 days before the date fixed for the hearing. (3) At the hearing, the Court must determine liability or give directions for its determination. 49.06 Claim by another person (1) A person (other than the judgment debtor) who claims to be entitled to an attached debt or to a charge or lien on it may apply to the Court to determine the claim or entitlement or to give directions for its determination. (2) An application under subrule (1) is to be made in the proceedings in which the garnishee summons is issued. 49.07 Attachment of debts order (1) An attachment of debts order is to be in accordance with: (a) where the attached debt is less than the judgment debt, interest and costs – Form 49B; or (b) where the attached debt is more than the judgment debt, interest and costs – Form 49C. (2) A registrar may refuse to issue a garnishee summons or to make an attachment of debts order if the registrar is of the opinion that the order sought is worthless or vexatious because of the smallness of the amount to be recovered or the debt sought to be attached or 49.08 Service of order (1) A judgment creditor must serve an attachment of debts order personally on the garnishee not later than 7 days after the order is made. (2) An attachment of debts order binds the debt to which it applies on service of the order. Local Court (Civil Jurisdiction) Rules 1998 142 49.09 Time for payment by garnishee (1) A garnishee must pay a debt due, in accordance with an attachment of debts order, not later than 21 days after service of the order on the garnishee. (2) A garnishee must pay a debt accruing, in accordance with an attachment of debts order, not later than 21 days after the accrual of the debt. 49.10 Failure to comply If a garnishee fails to comply with an attachment of debts order, the judgment creditor may apply to the Court to have the order enforced against the garnishee. 49.11 Discharge of garnishee A payment made by a garnishee in compliance with, or an execution levied against a garnishee under, an attachment of debts order is a valid discharge of the garnishee's liability to the judgment debtor to the extent of the amount paid or levied even if subsequently the garnishee proceedings are set aside or the order from which they arose is reversed or varied. 50.01 Application for instalment order (1) Where, under section 27(2)(b) of the Local Court (Civil Procedure) Act 1989, a judgment creditor or judgment debtor applies for an instalment order, he or she must file an application in accordance with Form 50A. (2) A judgment creditor or judgment debtor may apply for the variation or cancellation of an instalment order by filing an application in accordance with Form 50B. (3) Where the applicant under subrule (1) or (2) is the judgment creditor, he or she must also file an affidavit stating the facts on which the application is based. (4) Where the applicant under subrule (1) or (2) is the judgment debtor, he or she must also file a declaration of financial circumstances in accordance with Form 47C or 47D, whichever is applicable. (5) Copies of the application and affidavit are to be served on the other party as soon as practicable after they are filed. Local Court (Civil Jurisdiction) Rules 1998 143 (6) The filing of an application for an instalment order operates as a stay of execution unless the Court orders otherwise. 50.02 Registrar may make or refuse to make order (1) A registrar must consider an application filed under rule 50.01 as soon as practicable after it is filed and may: (a) make an order: (i) that the judgment debt be paid in instalments; (ii) that an instalment order be varied or cancelled; or (iii) that the Court considers appropriate; or (b) refuse to make the order sought. (2) A registrar must, as soon as practicable, give to the judgment creditor and judgment debtor: (a) a copy, in accordance with Form 50C, of an order made under subrule (1)(a); or (b) a notice, in accordance with Form 50D, of refusal to make an order under subrule (1)(b). 50.03 Notice of objection (1) Not later than 14 days after the date of: (a) the order made under rule 50.02(1)(a); or (b) the notice of refusal to make an order under rule 52.02(1)(b), the judgment creditor or judgment debtor may object to the order or refusal by filing a notice in accordance with Form 50E. (2) On the filing of a notice of objection, a registrar must fix a date, time and place for the hearing of the objection, to be held not later than 14 days after the notice of objection is filed, and mark them on the (3) A copy of the notice of objection is to be served on the other party as soon as practicable after it is filed. Local Court (Civil Jurisdiction) Rules 1998 144 50.04 Judgment debtor to produce documents At the hearing of an objection referred to in rule 50.03(2), the judgment debtor must produce the documents necessary to prove the statements in the judgment debtor's declaration of financial circumstances. 50.05 Consent to instalment order A person on whom an application is served under rule 50.01(5) may consent to the order sought by filing and serving a notice of consent in accordance with Form 50F. 50.06 Instalment agreement (1) A judgment debtor and a judgment creditor may enter into an agreement for the payment of a judgment debt by instalments (in this rule called an instalment agreement), whether or not an instalment order has been made. (2) Each party must sign the instalment agreement in the presence of a witness (other than the other party) who must also sign the agreement. (3) An instalment agreement is to be: (a) in writing, and may be in accordance with Form 50G; and (b) filed not later than 7 days after the parties have signed the agreement. (4) When a signed instalment agreement is filed, it has the same effect as an order of the Court for the payment of money by instalments. 51.01 Definitions securities includes: (a) stock issued by, funds of or an annuity granted by the Commonwealth or a State or Territory of the Commonwealth; (b) stock of a corporation; and (c) dividends or interest payable on securities. Local Court (Civil Jurisdiction) Rules 1998 145 stock includes shares, debenture stock, bonds, notes or other security. 51.02 Application for charging order (1) A judgment creditor may apply to the Court for a charging order under section 22(13) of the Local Court (Civil Procedure) Act 1989 by filing: (a) a charging summons in accordance with Form 51A; and (b) an affidavit in support of the application. (2) A judgment creditor may apply for a charging order without notice. (3) When a registrar issues a charging summons, he or she must fix a date, time and place for the hearing of the application and mark them on the summons. 51.03 Charging summons (1) A charging summons is to identify the securities in respect of which it is filed and state that: (a) on service of the charging summons on the government or corporation to which it is addressed, the government or corporation must not, except by order of the Court: (i) cause or permit a transfer of any of the securities; or (ii) pay to a person a dividend or interest on any of the securities; and (b) on service of the charging summons on the judgment debtor, a disposition by the judgment debtor of his or her interest in any of the securities made before the application for a charging order is heard by the Court is invalid as against the judgment creditor unless the Court orders otherwise. 51.04 Evidence in supporting affidavit (1) An affidavit in support of an application for a charging order is to: (a) state that the judgment debt is unsatisfied, either wholly or to a specified amount; (b) identify the securities in respect of which the charging order is sought and state in whose name they stand; and (c) state that the judgment debtor has a beneficial interest in the securities and describe that interest. Local Court (Civil Jurisdiction) Rules 1998 146 (2) An affidavit under this rule may contain statements of fact based on information and belief if the grounds are set out. 51.05 Service of summons (1) Not later than 7 days before the date for the hearing as marked on the charging summons, the judgment creditor must serve a copy of the charging summons and supporting affidavit: (a) on the judgment debtor; and (b) personally on the government or corporation. (2) The Court may dispense with service on the judgment debtor. 51.06 Effect of service of summons (1) If, without the authority of the Court, a government or corporation served with a charging summons: (a) causes or permits any of the securities to which the charging summons relates to be transferred; or (b) pays to a person a dividend or interest on any of the securities, it is liable to pay to the judgment creditor an amount equal to the value of the securities transferred or the dividend or interest paid, or so much of that value as is sufficient to pay the judgment debt. (2) A disposition by the judgment debtor of his or her interest in any of the securities to which a charging summons relates made: (a) after the service of the summons on the judgment debtor; and (b) before the application for the charging order is heard, is invalid as against the judgment creditor unless the Court orders 51.07 Charging order (1) On the hearing of an application, the Court may make a charging order with respect to securities to which the charging summons relates. (2) If the judgment debtor: (a) does not attend the hearing of the application; or Local Court (Civil Jurisdiction) Rules 1998 147 (b) attends the hearing but does not dispute the evidence in the affidavit in support of the application, the Court may make a charging order on the evidence before it. 51.08 Effect and enforcement of charge A charge imposed by a charging order has the same effect, and gives the judgment creditor the same remedies for enforcing it, as if it were a valid charge effectively given by the judgment debtor. 51.09 Variation or discharge of order The Court may at any time, by order: (a) vary the effect under rule 51.06 of the service of a charging summons; or (b) vary or discharge a charging order. 52.01 Application for appointment of receiver (1) A judgment creditor may apply for the appointment of a receiver by way of equitable execution in accordance with Order 39 of the Supreme Court Rules 1987. (2) Order 39 of the Supreme Court Rules 1987 applies to a receiver appointed under this Part in the same way as it applies to a receiver appointed for any other purpose. 52.02 Determination of application Before determining an application for the appointment of a receiver by way of equitable execution, the Court: (a) must have regard to: (i) the amount claimed by the judgment creditor; (ii) the amount likely to be obtained by the receiver; and (iii) the probable costs of his appointment; and (b) may direct an inquiry on these or any other matters. Local Court (Civil Jurisdiction) Rules 1998 148 53.01 Application for sequestration order (1) A person seeking to enforce an order for the payment of money into the Court may apply for a sequestration order referred to in section 22(15) of the Local Court (Civil Procedure) Act 1989. (2) Where a person applies for a sequestration order against a corporation, the person may apply for an order for the sequestration of the property of: (a) the corporation; (b) an officer of the corporation; or (c) the corporation and an officer of the corporation. (3) A person applies for a sequestration order by filing: (a) a sequestration summons in accordance with Form 53A; and (b) an affidavit in support of the sequestration summons. (4) A registrar must fix a date, time and place for the hearing of the application and mark them on the sequestration summons. 53.02 Service of summons (1) A copy of the sequestration summons and affidavit is to be served personally on the person ordered to pay money into the Court. (a) the person ordered to pay money into the Court is a corporation; and (b) sequestration of the property of an officer of the corporation is sought, a copy of the sequestration summons and affidavit is to be served personally on the corporation and the officer. 53.03 Sequestration order against officer (a) the person ordered to pay money into the Court is a corporation; and Local Court (Civil Jurisdiction) Rules 1998 149 (b) an order is made for the sequestration of the property of an officer of the corporation (whether or not an order for sequestration is also made against the corporation), the sequestration order: (c) is to give the same authority and direction to the sequestrators with respect to the real and personal estate of the officer as in the case of an order against a corporation; and (d) is to provide that the sequestrators must keep the estate under sequestration in their hands until the corporation complies with the order to be enforced by sequestration or until further order. 53.04 Discharge of order The Court may discharge a sequestration order. 53A.01 Application for victim's certificate A person's application for a victim's certificate under section 28C(1) of the Local Court (Civil Procedure) Act 1989 must be in accordance with Form 53AA. 53A.02 Certificate for victims of identity crime For section 28C(3) of the Local Court (Civil Procedure) Act 1989, the prescribed form is Form 53AB. Local Court (Civil Jurisdiction) Rules 1998 150 54.01 Repeal (1) The Local Court Rules (Regulations 1990, No. 21; 1990, No. 58; 1991, No. 29; 1991, No. 70; 1992, No. 43 and 1994, No. 31) in force immediately before the commencement of these Rules are repealed. (2) The Local Court (Small Claims Fees) Rules (Regulations 1990, No. 59 and 1991, No. 46) are repealed. Local Court (Civil Jurisdiction) Rules 1998 151 rule 3.07(1) FORM 3A rule 3.10(1) AUTHORISATION TO FILE DOCUMENTS BY ELECTRONIC TRANSMISSION TO [name and address of authorised person] You are authorised to file documents in the Local Court by electronic transmission. The filing date of a document filed by electronic transmission is the date on which it is received by the Court. You must keep a hard copy of every document filed by electronic transmission and you must provide the Court with a hard copy if requested by a registrar to do so. Chief Judge Local Court (Civil Jurisdiction) Rules 1998 152 FORM 5A rule 5.04(2) NOTICE OF TRANSFER OF PROCEEDINGS FROM SUPREME COURT TO LOCAL COURT and TO [NAME AND ADDRESS OF PARTY] On [date] an order was made in the Supreme Court that these proceedings be transferred to the Local Court at [venue]. The Local Court has received the court file relating to these proceedings and has assigned the above claim number to the proceedings. * The plaintiff must: (a) file in the Local Court a concise statement of the particulars of the plaintiff's claim not later than 14 days after being served with this notice; and (b) serve a copy on the other parties not later than 7 days after filing the statement of particulars. * A conciliation conference has been listed to take place at the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the All parties must attend the conciliation conference. An individual must attend the conference personally and be prepared to discuss all issues. An officer or employee of a corporation must be authorised by the corporation to attend the conference and to settle the matter if possible. A partner of a firm must have the unfettered written authority of all the other partners to attend the conference and to settle the matter if possible. Attendance at the conference on behalf of the Territory must be by an employee (as defined in the Public Sector Employment and Management Act 1993) of the agency for which the Territory is conducting the proceedings, authorised in writing by the Chief executive Officer of that agency to attend the conference and to settle the matter if possible. Local Court (Civil Jurisdiction) Rules 1998 153 A person attending the conference may be accompanied by a legal If a plaintiff fails to attend, the Court may strike out the claim. If a defendant fails to attend, the Court may give the plaintiff leave to proceed as if a notice of defence had not been filed or may make other orders it considers appropriate. A party who is unable to attend should contact a registrar of the Local Court. A registrar may give you leave to attend by teleconferencing. The Court may dispense with the requirement of attendance in person (either physically or by teleconferencing) in special circumstances. Local Court (Civil Jurisdiction) Rules 1998 154 FORM 5B rule 5.18(2) NOTICE OF DISCONTINUANCE OR WITHDRAWAL TO [NAME AND ADDRESS OF PARTY] The [identify party] gives notice that: * the *claim/counterclaim* filed on [e.g. 2 December 1997] is discontinued. * the notice of defence filed on [e.g. 2 December 1997] is withdrawn. [signature of party Local Court (Civil Jurisdiction) Rules 1998 155 FORM 7A rule 7.02(1)(a) and This statement of claim has been brought against you by the plaintiff for the claim set out below.