Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p10
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 10/23)
Character Range: 189580–192058

a certain time or not, and the consequences of failing to comply with the order may be committal, sequestration or punishment for contempt, the order must carry an endorsement that the person to be served with the order will be liable to imprisonment, sequestration of property or punishment for contempt if:
 (a) for an order that requires the person to do an act or thing—the person neglects or refuses to do the act or thing within the time specified in the order; or
 (b) for an order that requires the person not to do an act or thing—the person disobeys the order.

25.08  Service of order
 (1) An order mentioned in rule 25.07 must be served personally on the person who is bound to do, or not to do, the act or thing:
 (a) within the time mentioned in the order; or
 (b) if no time is mentioned—within a time that would allow the person to comply with the order.
 (2) However, if the person:
 (a) was present when the judgment was pronounced or the order was made; or
 (b) was notified of the terms of the order orally, by telephone or electronically;
the person is taken to have been served with the order at the time the person heard or was notified of the order.

25.09  Application where person fails to comply with order
 (1) If a person fails to comply with an order that the person is bound to comply with, a party may apply to the Court for either or both of the following orders:
 (a) the committal of the person;
 (b) the sequestration of the person's property.
 (2) If the person in default is a corporation or an organisation, a party may apply to the Court for either or both of the following orders:
 (a) the committal of an officer of the corporation or organisation;
 (b) the sequestration of the property of the corporation or organisation.
 (3) However, an application must not be made for an order under paragraph (2)(a) unless the officer:
 (a) has been served with the order in accordance with subrule 25.08(1), and the order carries the endorsement in rule 25.07; or
 (b) was present when the order was made or was notified of the order in accordance with subrule 25.08(2).
 (4) This rule applies if the Court has made:
 (a) an injunction; or
 (b) an order in the nature of an injunction; or
 (c) an order in the nature of mandamus or prohibition.

25.10  Substituted performance
 (1) If a person (the first person) is bound, but neglects or refuses, to do an act or thing, a party may apply to the Court for an order:
 (a) that the act or thing be