QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.904Prerequisite to enforcement by contempt or seizing property
Start here
Get a plain-English read of sec.904
Turn the raw legal text into a practical explanation grounded in Uniform Civil Procedure Rules 1999.
### sec.904 Prerequisite to enforcement by contempt or seizing property
Unless the court otherwise orders, a non-money order may be enforced by contempt proceedings or seizing a person’s property only if—
the person against whom the order is to be enforced is served personally with a copy of the order; and
See rules 106 (How personal service is performed) and 107 (Personal service—corporations).
for an order requiring a person to perform an act within a time specified in the order, the order is served a reasonable time before the end of the time specified in the order.
Subrule (1) does not apply to a non-money order requiring a person to perform an act within a time specified in the order or requiring a person to abstain from performing an act, if the person has notice of the order because—
the person was present when the order was made; or
the person was notified of the terms of the order by telephone or in another way a reasonable time before the end of the time for performance of the act or before the time when the prohibited act was to be performed as the case requires.
r 904 amd 2009 SL No. 162 s 2 sch
(sec.904-ssec.1) Unless the court otherwise orders, a non-money order may be enforced by contempt proceedings or seizing a person’s property only if— the person against whom the order is to be enforced is served personally with a copy of the order; and See rules 106 (How personal service is performed) and 107 (Personal service—corporations). for an order requiring a person to perform an act within a time specified in the order, the order is served a reasonable time before the end of the time specified in the order.
(sec.904-ssec.2) Subrule (1) does not apply to a non-money order requiring a person to perform an act within a time specified in the order or requiring a person to abstain from performing an act, if the person has notice of the order because— the person was present when the order was made; or the person was notified of the terms of the order by telephone or in another way a reasonable time before the end of the time for performance of the act or before the time when the prohibited act was to be performed as the case requires.
- (a) the person against whom the order is to be enforced is served personally with a copy of the order; and Note— See rules 106 (How personal service is performed) and 107 (Personal service—corporations).
- (b) for an order requiring a person to perform an act within a time specified in the order, the order is served a reasonable time before the end of the time specified in the order.
- (a) the person was present when the order was made; or
- (b) the person was notified of the terms of the order by telephone or in another way a reasonable time before the end of the time for performance of the act or before the time when the prohibited act was to be performed as the case requires.