Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p145
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 145/154)
Character Range: 561307–563737

the following orders:
 (a) the committal of the person;
 (b) the sequestration of the person's property.
 (2) If the person in default is a corporation or an organisation, a party may apply to the Court for an order:
 (a) for the committal of an officer of the corporation or organisation; or
 (b) for the sequestration of the property of the corporation or organisation.
 (3) However, no application may be made for an order under paragraph (2)(a) unless the officer:
 (a) has been served with the order in accordance with rule 41.07(1), and the order carries the endorsement in rule 41.06; or
 (b) was present when the order was made or was notified of the order in accordance with rule 41.07(2).
 (4) This rule applies if the Court has made:
 (a) an injunction; or
 (b) an order in the nature of an injunction; or
 (c) an order in the nature of mandamus or prohibition.
Note: Contempt is dealt with in Part 42.

41.09  Substituted performance
 (1) If a person (the first person) is bound, but neglects or refuses, to do an act, a party may apply to the Court for an order:
 (a) that the act be done by another person, appointed by the Court; and
 (b) that the first person pay the costs and expenses incurred by the making of the order.
 (2) Subrule (1) does not limit:
 (a) the power of the Court to punish for contempt; or
 (b) any other mode of enforcement of the judgment or order available to the party.

41.10  Execution generally
 (1) A party who wants to enforce a judgment or order of the Court may apply to the Court to make an order, to issue any writ, or to take any other step that can be taken in the Supreme Court of the State or Territory in which the judgment or order has been made as if the judgment or order was a judgment or order of that Supreme Court.
 (2) An order made under subrule (1) authorises the Sheriff, when executing the orders of the Court, to act in the same manner as a similar officer of the Supreme Court of the State or Territory in which the order is being executed is entitled to act.
 (3) A party who wants to enforce an order in more than one State or Territory may adopt the procedures and forms of process of the Supreme Court of the State or Territory in which the judgment or order has been made.
Note: It is not necessary to adopt different modes of procedure and forms of process in each State or Territory.

41.11  Stay of execution
  A party may apply to the Court for a stay