Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 11.44

Application for sequestration of property

  (1)   A payee may apply to the court for an enforcement order appointing a sequestrator of the property of a payer by filing an Application--Enforcement, setting out the details of the property to be sequestered, and an affidavit.

  (2)   The affidavit must:

  (a)   comply with rule   11.06; and

  (b)   include the full name and address of the proposed sequestrator; and

  (c)   include details of the sequestrator's fees; and

  (d)   have attached to it a consent to the appointment of the sequestrator, signed by the proposed sequestrator.

  (3)   The court may:

  (a)   hear an urgent application under subrule (1) without notice; and

  (b)   make an order that is expressed to operate only until a date fixed by the order.

  (4)   The court may hear an application under this rule in chambers, in the absence of the parties, on the documents filed.

Note:   For the hearing of an application in the absence of the parties, see Part   5.3.



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