897Leave to issue execution

897 Leave to issue execution

(1)  A writ of execution to enforce a judgment is not to be issued in the following circumstances without the leave of the Court or a judge:

(a) if 6 years have elapsed since the judgment;

(b) if any change has taken place in the identity of the persons entitled or liable to execution under the judgment;

(c) if the judgment is against the assets of a deceased person coming to the hands of the executor or administrator after the date of the judgment and execution is sought against those assets;

(d) if a person is entitled to enforce a judgment subject to or on the fulfilment of any condition or contingency;

(e) if the writ is against property in the hands of –

(i) a receiver appointed by the Court or a judge; or

(ii) a sequestrator;

(f) if a party is entitled to execution on a judgment of assets in futuro;

(g) if the judgment is for a sum of money in a currency other than Australian.

(2)  Subrule (1) does not affect the provision of any Act requiring the leave of the Court or a judge to be obtained before a judgment may be enforced.

(3)  Unless the Court or a judge otherwise orders, an application under subrule (1)  –

(a) may be made ex parte; and

(b) is to be supported by evidence on affidavit showing –

(i) if the judgment is for the payment of money, the amount, including any interest, due on the date of the application; and

(ii) that the applicant is entitled to proceed to execution on the judgment; and

(iii) that the person against whom execution is sought is liable to execution on the judgment.

(4)  The application is to be supported by further evidence on affidavit showing –