Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p9
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 9/23)
Character Range: 187353–189807

serving or advising another party or other person of an application to be made to the Court.

25.02  Application without notice for directions
  A party or an interested person may, without notice, apply to the Court for directions about the enforcement or execution of an order.

25.03  Condition precedent not fulfilled
 (1) If an order is made in favour of a party subject to the fulfilment of a condition, the party cannot enforce the order until the condition is fulfilled.
 (2) However, the party may apply to the Court for an order for the revocation of the condition or the variation of the order.

25.04  Application for stay of judgment or order
  A party bound by a judgment or order may apply to the Court for an order that the judgment or order be stayed.
Note: The party may rely on events occurring after the judgment or order takes effect.

25.05  Failure to comply with Court order
 (1) A person who is ordered by the Court to do, or not to do, an act or thing, must comply with the order.
 (2) A person who undertakes to the Court to do, or not to do, an act or thing, must comply with that undertaking.
Note: If a person does not comply with an order of the Court, the Registrar may bring the person's failure, neglect or disobedience to the attention of the Court.

25.06  Failure to attend Court in response to subpoena or order
 (1) If the Court has issued a subpoena or made an order that a person attend Court:
 (a) to give evidence; or
 (b) to produce a document or thing; or
 (c) to answer a charge of contempt; or
 (d) for any other reason;
and the person fails to attend, a party may apply to the Court for an order that a warrant, in accordance with the approved form, issue to the Sheriff, or another person named in the warrant:
 (e) for the person's arrest and detention in custody until the person is brought before the Court; and
 (f) for the production of the person before the Court.
 (2) Subrule (1) does not limit the power of the Court to punish for contempt.
 (3) This rule does not apply to an order or direction of the Court requiring a party to comply with these Rules.

25.07  Endorsement on order
  If an order requires a person to do, or not to do, an act or thing, whether within a certain time or not, and the consequences of failing to comply with the order may be committal, sequestration or punishment for contempt, the order must carry an endorsement that the person to be served with the order will be