Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p11
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 11/23)
Character Range: 191845–194402

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 done by another person, appointed by the Court; and
 (b) that the first person pay the costs and expenses incurred by the making of the order.
 (2) Subrule (1) does not limit:
 (a) the power of the Court to punish for contempt; or
 (b) any other mode of enforcement of the judgment or order available to the party.
Note: See Part 20 in relation to contempt.

25.11  Execution generally
 (1) A party may apply to the Court to issue a writ, order or any other means of enforcement of a judgment or order that can be issued or taken in the Supreme Court of the State or Territory in which the judgment or order was made, as if it were a judgment or order of that Supreme Court.
 (2) An order made under subrule (1) authorises the Sheriff, when executing the orders of the Court, to act in the same manner as a similar officer of the Supreme Court of the State or Territory in which the order is being executed is entitled to act.
 (3) A party who wants to enforce an order in more than one State or Territory may adopt the procedures and forms of process of the Supreme Court of the State or Territory in which the judgment or order was made.
Note: It is not necessary to adopt different modes of procedure and forms of process in each State or Territory.

25.12  Stay of execution
  A party may apply to the Court for a stay of execution of a judgment or order.

Chapter 2—Human rights proceedings

Part 26—Proceedings alleging unlawful discrimination

26.01  Application of Chapter 2
 (1) This Chapter applies to a proceeding alleging unlawful discrimination.
Note: An affected person may apply to the Court for an order in relation to a complaint alleging unlawful discrimination if the complaint has been terminated by the President of the Commission (see section 46PO of the Human Rights Act).
 (2) Chapter 1 applies, so far as it is relevant and not inconsistent with this Chapter, to a proceeding alleging unlawful discrimination.

26.02  Interpretation
 (1) In this Chapter:
Commission means the Australian Human Rights Commission.
special‑purpose Commissioner has the meaning given by section 46PV of the Human Rights Act.
 (2) An expression used in this Chapter and in the Human Rights Act has the same meaning in this Chapter as it has in the Human Rights Act.
Note: The following expressions are defined in the Human Rights Act:
(a)