Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p82
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 82/100)
Character Range: 315123–317760

an enforcement order is made, the person must first obtain an order for payment of the amount owed by filing:
 (a) an Application—Enforcement and an affidavit setting out the facts relied on in support of the Application; and
 (b) if the payee is the Child Support Agency or is seeking to recover a liability under section 113A of the Registration Act—a certificate under section 116 of the Registration Act.
 (3) A payee who seeks to recover a child support liability in the payee's own name under section 113A of the Registration Act must attach to the affidavit filed with the application a copy of the notice, given to the Child Support Agency, of the payee's intention to institute proceedings to recover the debt due.
Note: A payee who is enforcing a child support liability must notify the Child Support Registrar in writing of the payee's intention to institute proceedings to recover the debt due (see subsection 113A(1) of the Registration Act).

11.04  Who may enforce an obligation
  The following persons may enforce an obligation:
 (a) if the obligation arises under an order (other than an order referred to in paragraph (c))—a party;
 (b) if the obligation arises under an order to pay money for the benefit of a party or child:
 (i) the party or child; or
 (ii) a person entitled, under the Family Law Act or Family Law Regulations, to enforce the obligation for the party or child;
 (c) if the obligation is a fine or an order that a bond be forfeited—the Marshal or another officer of the court;
 (d) if the obligation is a child support liability—a person entitled to do so under the Registration Act or the Assessment Act.
Note: The payee in relation to a liability may enforce an obligation (see section 113 of the Registration Act and section 79 of the Assessment Act).

11.05  Enforcing an obligation to pay money
  An obligation to pay money may be enforced by one or more of the following enforcement orders:
 (a) an order for seizure and sale of real or personal property, including under an Enforcement Warrant (see Division 11.1.3);
 (b) an order for the attachment of earnings and debts, including under a Third Party Debt Notice (see Division 11.1.4);
 (c) an order for sequestration of property (see Division 11.1.5);
 (d) an order appointing a receiver (or a receiver and manager) (see Division 11.1.6).
Note: The court may imprison a person for failure to comply with an order (see section 112AD of the Family Law Act). Part 11.2 of these Rules sets out the relevant procedure.

11.06  Affidavit to be filed for enforcement order
  If these Rules require a person seeking an enforcement order to file an