Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 11.49

             (1)  In considering an application under subrule 11.48(1), the court must have regard to:

                     (a)  the amount of the debt; and

                     (b)  the amount likely to be obtained by the receiver; and

                     (c)  the probable costs of appointing and paying a receiver.

             (2)  When appointing a receiver, the court must make orders about:

                     (a)  the receiver's remuneration (if any); and

                     (b)  the security (if any) to be given by the receiver; and

                     (c)  the powers of the receiver; and

                     (d)  the parties to whom, and the intervals or dates at which, the receiver is to submit accounts.

             (3)  The cou rt may authorise a receiver to do (in the receiver's name or otherwise) anything the payer may do.

             (4)  The receiver's powers operate to the exclusion of a payer's powers during the receivership.

             (5)  The court may, on application by an interested person, make procedural orders about the powers of the receiver.

Note:          For rules relating to the enforcement of obligations other than an obligation to pay money, see Division 11.1.7.