Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 772

Receiver—default

    (1)     The court may make any orders it considers appropriate if a receiver does not, in accordance with these rules or an order of the court

        (a)     file an account or other document that is required to be filed; or

        (b)     do something that is required to be done.

Examples of orders

1     discharge the receiver

2     appoint another receiver

3     make an order about costs

4     order the repayment of remuneration already paid to the receiver

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

    (2)     If a receiver fails to comply with a requirement of these rules or an order of the court to pay into court an amount shown by the receiver's accounts to be owed by the receiver, the court may direct that the receiver pay interest on the amount at the following rate until the amount is paid into court:

        (a)     the rate of interest applying, from time to time, under schedule 2, part 2.2 (Interest after judgment);

        (b)     if the court considers that another rate is appropriate—that rate.

    (3)     This rule does not limit the court's powers to enforce its orders or to punish contempt of court.



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