Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p83
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 83/100)
Character Range: 317528–320157

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 affidavit, the affidavit must:
 (a) if it is not required to be filed with an application—state the orders sought; and
 (b) have attached to it a copy of the order or agreement to be enforced; and
 (c) set out the facts relied on, including the following:
 (i) the name of the payee;
 (ii) the address of the payee, unless disclosing this address would compromise the payee's safety;
 (iii) the name and address of the payer;
 (iv) that the payee is entitled to proceed to enforce the obligation;
 (v) that the payer is aware of the obligation and is liable to satisfy it;
 (vi) that any condition has been fulfilled;
 (vii) details of any dispute about the amount of money owed;
 (viii) the total amount of money currently owed and any details showing how the amount is calculated, including interest (if any) and the date and amount of any payments already made;
 (ix) what other legal action has been taken in an effort to enforce the obligation;
 (x) details of any other current applications to enforce the obligation; and
 (xi) the amount claimed for costs, including costs of any proposed enforcement; and
 (d) be sworn no more than 2 days before it is filed.
Examples: For the purposes of paragraph (a), orders that may be sought include an Enforcement Warrant; a Third Party Debt Notice; an order for filing and service of Financial Statement; an order for production of documents.

11.07  General enforcement powers of court
  The court may make an order:
 (a) declaring the total amount owing under an obligation; or
 (b) stating that the total amount owing must be paid in full or by instalments and when the amount must be paid; or
 (c) for payment of a child support liability (see rule 11.03); or
 (d) for enforcement of an obligation to pay money (see rule 11.05); or
 (e) in aid of the enforcement of an obligation; or
 (f) to prevent the dissipation or wasting of property; or
 (g) for costs; or
 (h) staying the enforcement of an obligation (including an enforcement order); or
 (i) requiring the payer to attend an enforcement hearing; or
 (j) requiring a party to give further information or evidence; or
 (k) that a payer must file a Financial Statement; or
 (l) that a payer must produce documents for inspection by the court; or
 (m) dismissing an application; or
 (n) varying, suspending or discharging an enforcement order.
Note: For the collection of child support, the