Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 33 RULE 2

2. (1) This rule applies to-

   (a)  an order that a party to a marriage pay maintenance or other money for
        the benefit of the other party to the marriage or of a child of the
        marriage and an order referred to in section 109 of the Act;

   (b)  a maintenance agreement that has been registered, or is deemed to have
        been registered, in a court and has not-

        (i)    been set aside; or

        (ii)   otherwise ceased to be in force;

   (c)  an overseas maintenance order or agreement that, under the
        Regulations, is enforceable in Australia;

   (d)  an order under the Act or the repealed Act for the payment of costs;

   (e)  an order made in the exercise of jurisdiction conferred by the Act,
        the Regulations or these Rules that a person pay a fine or forfeit a
        recognizance;

   (f)  an order under sub-section 82 (7) of the Act for the recovery of
        moneys; and

   (g)  an order under section 117A for the payment of reparations, and this
        rule (other than sub-rule (4)) applies in relation to an agreement
        referred to in paragraph (b) or (c) as if it were an order of the
        court in which it is registered or deemed to be registered.

(2) Where a court by an order referred to in paragraph 1 (e) imposes a fine,
the fine shall, unless the court otherwise orders, be payable forthwith into
the filing registry.

(3) Where in or in relation to proceedings a court orders the forfeiture of a
recognizance, the money forfeited shall, unless the court otherwise orders, be
payable forthwith into the filing registry.

(4) Where the person ordered to pay maintenance or other money, or a fine, by
an order to which this Rule applies is not present or represented by counsel
or solicitor in court when the order is made, a sealed copy of the order shall
be served on that person in accordance with Order 18, paragraph 5 (1) (a),
(b), (c) or (d) by-

   (a)  in case of a fine imposed by a court-the Marshal, an officer of the
        court, or a person appointed by the Registrar; and

   (b)  in any other case-by a representative or agent of the person for whose
        benefit the order was made.

(5) An order to which this rule applies may be enforced by one or more of the
following means:

   (a)  garnishment;

   (b)  seizure and sale of personal property;

   (c)  sequestration of estate;

   (d)  sale of real property.

(6) Where a person ordered to pay maintenance or other money for the benefit
of a party or child fails or refuses to make the payment, proceedings for the
enforcement of the payment may be taken by the party or child for whose
benefit the order was made or on behalf of that party or child by a person
entitled to do so under the Act or Regulations.

(7) Where proceedings for the enforcement of the payment of maintenance or
other money payable under an order for the benefit of a party or child are
taken on behalf of that party or child by a person entitled to do so under the
Act or Regulations, that maintenance or other money may, unless the court
otherwise orders, be paid to that person, and the receipt of that person for
any maintenance or other money so paid shall be sufficient discharge of the
liability of the person required under the order to pay that maintenance or
other money.

(8) Where a person ordered to pay a fine under an order to which this rule
applies fails or refuses to do so, proceedings for the enforcement of the
payment of that fine may be taken by a Registrar, the Marshal or an officer of
the Attorney-General's Department, but not by a party.

(9) Where a court has ordered that a recognizance be forfeited, proceedings
for the enforcement of that forfeiture may be taken by the Marshal, an officer
of a police force, or by an officer of the Attorney-General's Department
designated by the Secretary to that Department, but not by a party.

(10) Where, immediately before the date of commencement of the Act, an order
that a party to a marriage pay maintenance or other money for the benefit of
the other party to the marriage or of a child of the marriage was registered
in a court that has jurisdiction under the Act, that order may be enforced in
accordance with this order.

(11) An application for the enforcement of an order under this rule shall
state whether any other decree is in force for the enforcement of the order
and whether any other proceedings for the enforcement of the order are pending
and, if any such proceedings are pending (being proceedings taken by a person
referred to in sub-rule (7)), the name of that person.

(12) Where an application for the enforcement of an order under this Order
names a person referred to in sub-rule (7) as the person who has taken other
proceedings that are pending for the enforcement of the order, the Registrar
shall enquire of the person so named as to the present position with regard to
those proceedings and shall file with the court papers relating to the
application a memorandum containing any information ascertained as a result of
that enquiry.