Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p98
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 98/100)
Character Range: 353715–356423

remuneration and order the repayment of remuneration already paid to the receiver.
Note: This rule does not limit the court's powers relating to contempt or the enforcement of orders.

Division 11.1.7—Enforcement of obligations other than an obligation to pay money

11.55  Application for other enforcement orders
  A person may apply, without notice to the respondent, for any of the following orders by filing an Application—Enforcement and an affidavit:
 (a) an order requiring a person to sign documents under section 106A of the Family Law Act;
 (b) an order to enforce possession of real property;
 (c) an order for the transfer or delivery of property.

11.56  Warrant for possession of real property
 (1) An order for the possession of real property may be enforced by a warrant for possession only if the respondent has had at least 7 days notice of the order to be enforced before the warrant is issued.
 (2) A court may issue a warrant for possession authorising an enforcement officer to enter the real property described in the warrant and give possession of the real property to the person entitled to possession.
 (3) If a person other than the respondent occupies land under a lease or written tenancy agreement, a warrant for possession may be issued only if the court gives permission.

11.57  Warrant for delivery
  A person entitled under an order for the delivery of personal property specified in the order may apply for that order to be enforced by a warrant authorising an enforcement officer to seize the property and deliver it to the person who is entitled to it under the order.

11.58  Warrant for seizure and detention of property
 (1) If an order specifies a time for compliance and that time has passed without compliance, a person entitled to enforce the order may seek a warrant authorising an enforcement officer to seize and detain all real and personal property (other than prescribed property) in which the respondent has a legal or beneficial interest.
Note: For prescribed property, see rule 1.05.
 (2) If the respondent complies with the order or is released from compliance, the court may order that the property be returned to the respondent, after the costs of enforcement have been deducted.

Division 11.1.8—Other provisions about enforcement

11.59  Service of order
  An order may be enforced against a person only if:
 (a) a sealed copy of the order is served on the person; or
 (b) the court is otherwise satisfied that the person has received notice of the terms of the order.

11.60  Certificate for payments under maintenance order
 (1) This rule applies if an order specifies that maintenance must be paid to a Registrar of a court or an authority.
 (2)