Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2010

Enforcement—enforcement of Magistrates Court order in Supreme Court

    (1)     On application by the enforcement creditor for an enforceable money order of the Magistrates Court, the Magistrates Court may give the enforcement creditor a certificate of—

        (a)     the money order; and

        (b)     the amount owing under the money order (including any amount payable for interest and costs).

    (2)     An application under subrule (1) is made by filing in the Magistrates Court

        (a)     a draft certificate; and

        (b)     an affidavit in support of the application that contains sufficient information to enable the court to give the certificate.

    (3)     Part 6.2 (Applications in proceedings) does not apply to the application.

    (4)     The draft certificate and affidavit need not be served on anyone unless the court otherwise orders on its own initiative.

    (5)     Unless the court otherwise orders on its own initiative, the application must be dealt with without a hearing and in the absence of the parties.

    (6)     The court may give a certificate under subrule (1) only if—

        (a)     a seizure and sale order previously made for the order has been returned completely or partly unsatisfied; or

        (b)     the court otherwise considers it appropriate.

    (7)     If the certificate is given, no further action may be taken in the Magistrates Court to enforce the money order.

    (8)     However, if the certificate, and an affidavit in support setting out the amount owing under the money order and relevant details about interest and costs, is filed in the Supreme Court, final judgment may be entered in the Supreme Court in favour of the enforcement creditor for—

        (a)     the amount stated in the certificate as the amount owing under the money order; and

        (b)     any interest and costs up to the day of entry of final judgment.

    (9)     Subrule (8) does not authorise the giving of interest on interest.

    (10)     A judgment entered under subrule (8) may be enforced as if it were a money order made by the Supreme Court.



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