Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p147
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 147/154)
Character Range: 565939–568546

of accounts and inquiries.
Rules 41.24 – 41.30 left blank

Division 41.3—Execution against business name

41.31  Execution of order—proceeding against person in person's business name
 (1) Any order in a proceeding against a person in the person's business name may be enforced by execution only against any property of the business carried on under the business name.
 (2) However, if the business is a partnership and the order is against the partnership in the partnership name, the order may be enforced by execution in accordance with rule 41.21.
 (3) For enforcing an order under subrule (1), the property of the business is all the property, and rights and interests in property, of the person, that were originally brought into, or acquired for, the business.
Rules 41.32 – 41.40 left blank

Division 41.4—Sheriff
Note: The Sheriff of the Court is responsible for the service and execution of all process of the Court directed to the Sheriff—see section 18P of the Act.

41.41  Suspension of execution of process
 (1) The Sheriff may suspend the execution of a process only if the party who applied for the issue of the process gives a written notice to the Sheriff, instructing the Sheriff to suspend the execution of the process.
 (2) A person who has given a notice to the Sheriff under subrule (1) may withdraw the instruction by giving a written notice to the Sheriff instructing the Sheriff to execute the process.

41.42  Failure to execute process
  If the Sheriff fails to execute a process according to its terms, the party who applied for the issue of the process may apply to the Court for an order directing the Sheriff to do so.

41.43  Application for orders in relation to execution of process
  The Sheriff may apply to the Court with or without notice for directions about whether a process is to be executed and, if so, the way in which the execution is to be carried out.
Note: Without notice is defined in the Dictionary.
Rules 41.44 – 41.50 left blank

Division 41.5—Fees

41.51  Definitions for Division 41.5
  In this Division:
bill of fees means a bill of fees for the service or execution of a process of the Court.
fees includes charges and commission.
interested person, for the fees for the service or execution of a process of the Court, means:
 (a) a party who lodges a process with the Sheriff for service or execution; or
 (b) a lawyer who gives an undertaking to pay the fees or is otherwise liable to pay the fees; or
 (c) for fees that, under a writ of execution, the Sheriff is authorised to levy on property—the owner of the property.

41.52  Security
 (1) If a