Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p143
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 143/154)
Character Range: 556837–559332

(2) An order made under subrule (1) will not include an amount that a party is ordered to pay because the party:
 (a) has failed to comply with an order or with these Rules; or
 (b) has sought leave to amend pleadings or particulars; or
 (c) has sought an extension of time for complying with an order or with any of these Rules; or
 (d) has not conducted the proceeding in a manner to facilitate a just resolution as quickly, inexpensively and efficiently as possible, and another party has been caused to incur costs as a result.

Part 41—Enforcement

Division 41.1—General

41.01  Application without notice for directions
  A party or an interested person may, without notice, apply to the Court for directions about the enforcement or execution of an order.
Note: Without notice is defined in the Dictionary.

41.02  Condition precedent not fulfilled
 (1) If an order is made in favour of a party subject to the fulfilment of a condition, the party cannot enforce the order until the condition is fulfilled.
Note: The Court can make order subject to conditions—see rule 1.33.
 (2) However, the party may apply to the Court for an order for the revocation of the condition or the variation of the order.

41.03  Application for stay of judgment or order
  A party bound by a judgment or order may apply to the Court for an order that the judgment or order be stayed.
Note: The party may rely on events occurring after the judgment or order takes effect.

41.04  Failure to comply with Court order
 (1) A person who is ordered by the Court to do, or not to do, an act or thing, must comply with the order.
 (2) A person who undertakes to the Court to do, or not to do, an act or thing, must comply with that undertaking.
Note: If a person does not comply with an order of the Court, a Registrar may bring the person's failure, neglect or disobedience to the attention of the Court. The Court may act on its own initiative—see rule 1.40.

41.05  Failure to attend Court in response to subpoena or order
 (1) This rule applies if:
 (a) the Court has issued a subpoena or made an order that a person attend Court:
 (i) to give evidence; or
 (ii) to produce any document or thing; or
 (iii) to answer a charge of contempt; or
 (iv) for any other reason; and
 (b) the person fails to attend.
 (1A) A party may apply to the Court for the issue of a warrant, in accordance with Form 90:
 (a) for the person's arrest and detention in custody until the person is brought before the Court; and
 (b) for