Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p19
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 43665–46195

served with originating process out of Australia does not file an appearance, and if the Court or a Justice is satisfied:
 (a) that the subject matter of the proceeding so far as it concerns that party is within rule 9.07.1; and
 (b) that the originating process was duly served on that party;
the Court or a Justice may order that the plaintiff shall be at liberty to proceed.

Part 10—Execution

10.01  Execution by parties and others
10.01.1  As between the original parties to a judgment or order execution may issue at any time within 6 years from the date of the judgment or order.
10.01.2  Where rule 10.01.1 does not apply a person claiming to be entitled to issue execution may apply to the Court or a Justice for leave to issue execution.
10.01.3  The Court or a Justice may grant leave to issue execution on such terms as to costs or otherwise as appear just.

10.02  Enforcement
10.02.1  An order of the Court or a Justice in a proceeding may be enforced against all persons bound by it in the same way as a judgment to the same effect.
10.02.2  If a mandamus, mandatory order, injunction, or other judgment requiring a person to do an act is not obeyed, the Court or a Justice, whether or not proceedings for contempt have been taken against the disobedient party, may direct that the act be done, so far as practicable and at the expense of the disobedient party, by the party who obtained the order or by some other person.
10.02.3  Where a direction has been made under rule 10.02.2, upon the act being done, the expenses incurred may be ascertained in such manner as the Court or a Justice directs and the amount ascertained and the costs may be recovered from the disobedient party.
10.02.4  A judgment or order for the payment of money into Court or for the performance of any act other than payment of money to another may be enforced by attachment.
10.02.5  A judgment or order requiring a person to abstain from doing an act may be enforced by committal.

Part 11—Contempt of Court

11.01  Contempt in the face of the Court
11.01.1  When it is alleged, or it appears to the Court, that a person (the alleged contemnor) has been guilty of contempt of Court, committed in the face of the Court or in the hearing of the Court, the presiding Justice may, by oral order, direct that the alleged contemnor be arrested and brought before the Court forthwith or may issue a warrant under the Justice's hand for the arrest of the alleged contemnor.
11.01.2  When the alleged contemnor is brought before the Court,