Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 2403

    (1)     A charging order takes effect when it is made.

    (2)     However, to have effect on the enforcement debtor, a charging order must be served on the enforcement debtor.

    (3)     A charging order entitles the enforcement creditor to the same remedies as the enforcement creditor would have had if the charge imposed by the order had been made in the enforcement creditor's favour by the enforcement debtor.

    (4)     However, unless the court otherwise orders, the enforcement creditor must not start a proceeding to obtain a remedy in relation to property charged by the charging order until—

        (a)     a sealed copy of the charging order is served on the enforcement debtor and the person who issued or administers the property; and

        (b)     1 month has passed since the day the order was served, or the later of the days the order was served, as required by paragraph (a).

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.