Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2421

Enforcement orders—stop orders

    (1)     This rule applies if a person claims an interest (including an interest under a charge) in any amount, security or bond in court that has been mortgaged, charged or assigned.

    (2)     On application by the person, the court may make an order (a stop order ) preventing payment, delivery or transfer of the amount, security or bond without notice to the applicant.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (3)     The application must be made in the proceeding in which the amount, security or bond stands in court.

    (4)     The application must be accompanied by an affidavit in support of the application.

    (5)     The affidavit must include information sufficient to identify the proceeding mentioned in subrule (3).

    (6)     A copy of the application must be served on anyone who appears to have an interest in the amount, security or bond.

    (7)     An amount, security or bond in court must not be paid, delivered or transferred if an application in relation to the amount, security or bond has been made under this rule and not heard.



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