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)](#GS897@Gs1@EN) 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)](#GS897@Gs1@EN)  – > > > > > > (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 – > > > > > > (a) in the case of an application under [subrule (1)(a)](#GS897@Gs1@Hpa@EN) , the reasons for the delay; and > > > > > > > (b) in the case of an application under [subrule (1)(b)](#GS897@Gs1@Hpb@EN)  – > > > > > > > > > > (i) the changes that have taken place; and > > > > > > > > > > > (ii) that a demand to satisfy the judgment has been made on the person liable; and > > > > > > > > > > > (iii) that person has not satisfied the judgment; and > > > > > > > (c) in the case of an application under [subrule (1)(c)](#GS897@Gs1@Hpc@EN) or [(d)](#GS897@Gs1@Hpd@EN)  – > > > > > > > > > > (i) that a demand to satisfy the judgment has been made on the person liable; and > > > > > > > > > > > (ii) that person has not satisfied the judgment.