Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2446

Enforcement by contempt or seizing and detaining property—preconditions

    (1)     Unless the court otherwise orders, a non-money order (the original order ) may be enforced by a contempt proceeding or an order for seizure and detention of property only if—

        (a)     the person against whom the original order is to be enforced is served personally with a sealed copy of the original order; and

        (b)     if the original order requires a person to do an act within a time stated in the order—the order is served a reasonable time before the end of the time stated in the order; and

        (c)     the sealed copy of the original order is endorsed with a notice that states that the person served may be liable to imprisonment or seizure and detention of property if—

              (i)     the original order requires the person to do something within a fixed time, and the person fails to do it; or

              (ii)     the original order requires the person not to do something, and the person does it.

    (2)     This rule does not apply to a non-money order requiring a person to do an act within a stated time, or requiring a person not to do an act, if the person has notice of the order because—

        (a)     the person was present when the order was made; or

        (b)     the person was told about the terms of the order by telephone or in another way a reasonable time before the end of the time for doing the act or before the time when the prohibited act was done.



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