Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p96
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 96/100)
Character Range: 348833–351532

payer complies with the obligation or until further order; and
 (b) fix the remuneration of the sequestrator.
Note: For rules relating to the enforcement of obligations other than an obligation to pay money, see Division 11.1.7.

11.46  Order relating to sequestration
 (1) This rule applies if any of the following people apply to the court for an order relating to a sequestration order:
 (a) a party to the sequestration order;
 (b) a creditor of the payer;
 (c) the Marshal or another officer of the court;
 (d) a person whose interests are affected by an act or omission of, or decision made by, the sequestrator.
 (2) The court may order:
 (a) the sequestrator, or any other person associated with the sequestration, to attend to be orally examined; or
 (b) the sequestrator to do or not do something; or
 (c) the sequestrator to be removed from office.

11.47  Procedural orders for sequestration
 (1) A sequestrator may seek, by written request to the court, procedural orders about the sequestrator's functions.
 (2) A request under subrule (1) must:
 (a) comply with rule 2.14; and
 (b) set out the procedural orders sought and the reason for the orders; and
 (c) have attached to it a copy of the order appointing the sequestrator.
 (3) The sequestrator must give a copy of the request to all parties.
 (4) The court may determine the request in chambers unless:
 (a) within 7 days after the request is served on a party, the party makes a written objection to the request being determined in chambers; or
 (b) the court decides that an oral hearing is necessary.

Division 11.1.6—Receivership

11.48  Application for appointment of receiver
 (1) A payee may apply for an enforcement order appointing a receiver of the payer's income or property by filing an Application—Enforcement and an affidavit.
 (2) The affidavit must:
 (a) comply with rule 11.06; and
 (b) include the full name and address of the proposed receiver; and
 (c) include details of the receiver's fees; and
 (d) have attached to it the consent to the appointment of receiver, signed by the proposed receiver.
 (3) The court may hear an application under subrule (1) in chambers, in the absence of the parties, on the documents filed.
Note: For the hearing of an application in the absence of the parties, see Part 5.3.

11.49  Appointment and powers of receiver
 (1) In considering an application under subrule 11.48(1), the court must have regard to:
 (a) the amount of the debt; and
 (b) the amount likely to be obtained by the receiver; and
 (c) the probable costs of appointing and paying a receiver.
 (2) When appointing a receiver, the court must make orders about:
 (a) the receiver's remuneration (if any); and