Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p5
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 5/53)
Character Range: 370736–373276

(1) The following people may, by written request to the court, seek procedural orders in relation to a recovery order:
 (a) a party;
 (b) a person who is ordered or authorised by a recovery order to take the action referred to in paragraph 67Q(b), (c) or (d) of the Family Law Act.
 (2) A request under subrule (1) must:
 (a) comply with rule 2.14; and
 (b) set out the procedural orders sought; and
 (c) be accompanied by an affidavit setting out the facts relied on and the reason for the orders.
 (3) The court may determine the request in chambers.

Division 11.2.5—Warrants for arrest

11.79  Application for warrant
 (1) A party may apply, without notice, for a warrant to be issued for the arrest of a respondent if:
 (a) the respondent is required to attend court on being served with:
 (i) an application for an enforcement hearing under rule 11.11; or
 (ii) a subpoena or order directing the respondent to attend court; or
 (iii) an application referred to in Table 11.1; or
 (iv) an application under rule 11.71; and
 (b) the respondent does not attend at court on the date fixed for attendance.
 (2) If a warrant is issued, it must have attached to it a copy of the application, subpoena or order referred to in paragraph (1)(a).
Note: The court may issue a warrant on an oral application.

11.80  Execution of warrant
 (1) A warrant may authorise:
 (a) a member of the Australian Federal Police; or
 (b) a member of the police service of a State or Territory; or
 (c) the Marshal or another officer of the court; or
 (d) any other person appointed by the court;
to proceed to enforce the warrant.
 (2) A person authorised to enforce a warrant may act on the original warrant or a copy.
 (3) When the warrant is enforced, the person arrested must be served with a copy.

11.81  Duration of warrant
  A warrant (other than a warrant issued under section 70NDA of the Family Law Act) ceases to be in force 12 months after the date when it is issued.

11.82  Procedure after arrest
 (1) If the court issues a warrant for a person's arrest, it may order that the person arrested:
 (a) be held in custody until the hearing of the proceeding; or
 (b) be released from custody on compliance with a condition, including a condition that the person enter into a bond.
 (2) A person who arrests another person under a warrant must:
 (a) arrange for the person arrested to be brought before the court that issued the warrant or another court having jurisdiction under the Family Law Act, before the end of the holding period; and
 (b) take