Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 33 RULE 6

6. (1) Where a decree has been made under the Act and the person against whom
the decree has been made fails or refuses to comply with the decree, the
Registrar, a party to proceedings that resulted in the making of the decree,
or another authority or person entitled to take proceedings for enforcement of
the decree, may apply to a court for an order that the estate of the person
against whom the decree has been made be sequestrated.

(2) The affidavit filed by the applicant with an application under sub-rule
(1) shall set out-

   (a)  particulars of the estate sought to be sequestrated; and

   (b)  the reasons for seeking the order, including any attempts to obtain
        compliance with the order by other means.

(3) Where an application has been made under sub-rule (1), the court may make
an order-

   (a)  sequestrating the estate in part or in whole;

   (b)  appointing the Marshal, an officer of the court or other named person
        as receiver of the estate; and

   (c)  as to the costs and expenses of the sequestration.

(4) In urgent cases, the court may hear the application ex parte
and make an order, but such an order shall be expressed to operate only until
the further order of the court.

(5) Where the court makes an order under sub-rule (4), it may give such
directions as to service and the further hearing of the application as it
thinks fit.

(6) A court exercising jurisdiction under the Act may, on application by a
person whose estate has been sequestrated in pursuance of an order made under
this rule by the court, discharge the order upon such terms and conditions as
the court thinks fit.

(7) A Family Court or the Supreme Court of the Northern Territory may, on the
application of a person whose interests the Court is satisfied are materially
affected by an act or omission of, or decision made by, a person appointed as
receiver of an estate under sub-rule (3), make such order as it thinks just.

(8) A Family Court or the Supreme Court of the Northern Territory may, on the
application of-

   (a)  a person who applied to the Court for an order under which the estate
        of another person has been ordered under paragraph (3) (a) to be
        sequestrated;

   (b)  a person whose estate has been sequestrated in pursuance of such an
        order;

   (c)  a creditor of a person whose estate has been so sequestrated; or

   (d)  the Principal Registrar or a Registrar of a Family Court, make any one
        or more of the following orders-

   (e)  an order for the examination before the Court of the receiver or any
        other person in connection with the sequestration;

   (f)  an order removing the receiver from office;

   (g)  such other orders as it thinks fit.

(9) In this Rule "estate", in relation to a person, does not include the
prescribed personal property of that person.