Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p95
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 95/100)
Character Range: 346414–349087

imposed under subrule (1) does not affect:
 (a) an obligation that the third party debtor may have in relation to the payer; or
 (b) a right or remedy that the payer may have against the third party debtor under another legislative provision.
Note: See Part 11.2 for how to make an application against a third party debtor who does not comply with an enforcement order.
 (3) If the court makes an order against a third party debtor under section 112AP of the Family Law Act in respect of an act or omission referred to in subrule (1), the third party debtor must not be charged with an offence against subrule (1) in respect of that act or omission.

Division 11.1.5—Sequestration of property

11.44  Application for sequestration of property
 (1) A payee may apply to the court for an enforcement order appointing a sequestrator of the property of a payer by filing an Application—Enforcement, setting out the details of the property to be sequestered, and an affidavit.
 (2) The affidavit must:
 (a) comply with rule 11.06; and
 (b) include the full name and address of the proposed sequestrator; and
 (c) include details of the sequestrator's fees; and
 (d) have attached to it a consent to the appointment of the sequestrator, signed by the proposed sequestrator.
 (3) The court may:
 (a) hear an urgent application under subrule (1) without notice; and
 (b) make an order that is expressed to operate only until a date fixed by the order.
 (4) The court may hear an application under this rule 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.

11.45  Order for sequestration
 (1) In considering an application for sequestration, the court must be satisfied that:
 (a) if the obligation to be enforced arises under an order—the payer has been served with the order to be enforced; and
 (b) the payer has refused or failed to comply with the obligation; and
 (c) an order for sequestration is the most appropriate method of enforcing the obligation.
 (2) On appointing a sequestrator, the court may:
 (a) authorise and direct the sequestrator:
 (i) to enter and take possession of the payer's property or part of the property; and
 (ii) to collect and receive the income of the property, including rent, profits and takings of a business; and
 (iii) to keep the property and income under sequestration until the 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