QLDIn ForceAct
Water Supply (Safety and Reliability) Act 2008
sec.477Starting proceeding for enforcement order without notice
Start here
Get a plain-English read of sec.477
Turn the raw legal text into a practical explanation grounded in Water Supply (Safety and Reliability) Act 2008.
### sec.477 Starting proceeding for enforcement order without notice
A person may start a proceeding for an enforcement order without notice to the other party.
Without limiting the discretion of a District Court in the exercise of its equitable jurisdiction, it may, with or without conditions—
grant the order for a limited period stated in the order; or
grant the order until the trial of the proceeding; or
grant an order for a limited period prohibiting a person from leaving Australia; or
make another order.
This order may be used if the departure of the person would render a proceeding useless, including, for example, because the person’s departure would make it impossible to have an enforcement hearing in relation to a judgment against the person and so ascertain the location of the person’s assets. Conditions imposed may, for example, relate to payment of an amount, or surrendering a passport, to the court.
(sec.477-ssec.1) A person may start a proceeding for an enforcement order without notice to the other party.
(sec.477-ssec.2) Without limiting the discretion of a District Court in the exercise of its equitable jurisdiction, it may, with or without conditions— grant the order for a limited period stated in the order; or grant the order until the trial of the proceeding; or grant an order for a limited period prohibiting a person from leaving Australia; or make another order. This order may be used if the departure of the person would render a proceeding useless, including, for example, because the person’s departure would make it impossible to have an enforcement hearing in relation to a judgment against the person and so ascertain the location of the person’s assets. Conditions imposed may, for example, relate to payment of an amount, or surrendering a passport, to the court.
- (a) grant the order for a limited period stated in the order; or
- (b) grant the order until the trial of the proceeding; or
- (c) grant an order for a limited period prohibiting a person from leaving Australia; or
- (d) make another order.