Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p86
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 86/100)
Character Range: 324928–327659

referred to in subrule (1), an application must not be made under subrule (1) in respect of that act or omission.

Division 11.1.3—Enforcement warrants

11.15  Request for Enforcement Warrant
 (1) A payee may, without notice to the payer, ask the court to issue an Enforcement Warrant by filing:
 (a) an affidavit; and
 (b) the Enforcement Warrant sought and a copy of it for service.
 (2) The affidavit must:
 (a) comply with rule 11.06; and
 (b) include the following details about the real property (if any) owned by the payer:
 (i) evidence that the payer is the registered owner;
 (ii) details of registered encumbrances and of any other person with an interest in the property; and
 (c) include the following details about the personal property (if any) owned by the payer:
 (i) the location of the property;
 (ii) whether there is any other person who may have an interest in the property, including as a part owner or under a hire purchase agreement, lease or lien.
Note: A person seeking to enforce the payment of a child support liability must first apply for an order for the amount owed (see rule 11.03).

11.16  Payee's responsibilities if Enforcement Warrant is issued
  If an Enforcement Warrant is issued, the payee must give the enforcement officer:
 (a) the Warrant; and
 (b) either or both of the following:
 (i) a written undertaking to pay all reasonable fees and expenses associated with the enforcement if they are greater than the amount recovered on the enforcement;
 (ii) the amount (if any) required by the enforcement officer to be paid on account for the reasonable fees and expenses of the enforcement.
Note: Although the payee is liable to pay the enforcement officer any reasonable fees and expenses relating to the enforcement, the payee is entitled to recover those fees and expenses under the Enforcement Warrant (see subrule 11.25(2)).

11.17  Period during which Enforcement Warrant is in force
  An Enforcement Warrant remains in force for 12 months from the date when it was issued.

11.18  Enforcement officer's responsibilities
 (1) An enforcement officer executing an Enforcement Warrant must:
 (a) seize or sell property of the respondent in the sequence that the enforcement officer considers is best for:
 (i) promptly enforcing the Warrant; and
 (ii) avoiding undue expense or delay; and
 (iii) minimising hardship to the payer and any other person affected; and
 (b) on enforcing the Warrant:
 (i) serve a copy of the Warrant on the payer; or
 (ii) leave the Warrant at the place where it was enforced; and
 (c) give the payer an inventory of any property seized under the Warrant; and
 (d) advertise the property in accordance with rule 11.21; and
 (e) sell the seized property:
 (i)