QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.799Enforcement period
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### sec.799 Enforcement period
An enforcement creditor may start enforcement proceedings without leave at any time within 6 years after the day the money order was made.
In addition to another law requiring a court’s leave before an order may be enforced, an enforcement creditor requires a court’s leave to start enforcement proceedings if—
it is more than 6 years since the money order was made; or
there has been a change in an enforcement creditor or enforcement debtor, whether by assignment, death or otherwise.
An application for leave to start enforcement proceedings may be made without notice to any person unless the court orders otherwise.
On an application for leave to start enforcement proceedings, the applicant must satisfy the court—
as to the amount, including interest, owing at the date of the application; and
if it is more than 6 years since the money order was made—as to the reasons for the delay; and
if there has been a change in an enforcement creditor or enforcement debtor—as to the change that has happened; and
that the applicant is entitled to enforce the order; and
that the enforcement debtor against whom enforcement is sought is liable to satisfy the order.
(sec.799-ssec.1) An enforcement creditor may start enforcement proceedings without leave at any time within 6 years after the day the money order was made.
(sec.799-ssec.2) In addition to another law requiring a court’s leave before an order may be enforced, an enforcement creditor requires a court’s leave to start enforcement proceedings if— it is more than 6 years since the money order was made; or there has been a change in an enforcement creditor or enforcement debtor, whether by assignment, death or otherwise.
(sec.799-ssec.3) An application for leave to start enforcement proceedings may be made without notice to any person unless the court orders otherwise.
(sec.799-ssec.4) On an application for leave to start enforcement proceedings, the applicant must satisfy the court— as to the amount, including interest, owing at the date of the application; and if it is more than 6 years since the money order was made—as to the reasons for the delay; and if there has been a change in an enforcement creditor or enforcement debtor—as to the change that has happened; and that the applicant is entitled to enforce the order; and that the enforcement debtor against whom enforcement is sought is liable to satisfy the order.
- (a) it is more than 6 years since the money order was made; or
- (b) there has been a change in an enforcement creditor or enforcement debtor, whether by assignment, death or otherwise.
- (a) as to the amount, including interest, owing at the date of the application; and
- (b) if it is more than 6 years since the money order was made—as to the reasons for the delay; and
- (c) if there has been a change in an enforcement creditor or enforcement debtor—as to the change that has happened; and
- (d) that the applicant is entitled to enforce the order; and
- (e) that the enforcement debtor against whom enforcement is sought is liable to satisfy the order.