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1995 No. 371 FAMILY LAW RULES (AMENDMENT) - RULE 53
53. Order 33, rule 3 (Summary procedures on refusal or failure to comply with certain orders)
53.1 Subrules 3 (1) and (2): Omit the subrules, substitute:
"(1) If a person is alleged to have refused or failed to comply with an order
or agreement to which rule 2 applies, the person who is entitled to the money
payable under the order or agreement, or a person who is entitled to take
proceedings for the purpose of enforcing the payment of those moneys, or the
forfeiture of a recognizance, may file an affidavit requesting the issue of:
(a) in relation to a debt due to the Commonwealth:
(i) a notice in accordance with Form 45A; or
(ii) a summons in accordance with Form 45B; or
(b) in any other case:
(i) a notice in accordance with Form 45; or
(ii) a summons in accordance with Form 46.
"(1A) An affidavit filed under subrule (1) must:
(a) contain evidence in support of the request made in the affidavit; and
(b) state whether any other order is in force for the enforcement of the
order; and
(c) state whether any other proceedings for the enforcement of the order
are pending; and
(d) if proceedings taken by a person referred in subrule 2 (7) are
pending-state the name of the person who has taken the proceedings;
and
(e) be accompanied by the appropriate form of notice or summons under
subrule (1).
"(1B) If:
(a) a person has taken proceedings, on behalf of a party, or a child, to
enforce an order for the payment of maintenance, or other money; and
(b) before those proceedings are completed, the person is named in an
affidavit filed under subrule (1) as the person who has taken
proceedings to enforce the order; the Registrar must:
(c) ask the person for details in relation to progress of the proceedings;
and
(d) attach a memorandum containing those details to the affidavit.
"(2) On receipt of an affidavit filed under subrule (1) and an appropriate
form of notice, the Registrar may issue a notice in accordance with Form 45 or
45A.".
53.2 Subrule 3 (3): Omit "Upon receipt of an application for the issue of a
summons under paragraph (1) (b) the Registrar may issue such a summons if:",
substitute "On receipt of an affidavit filed under subrule (1) and an
appropriate form of summons, the Registrar may issue a summons in accordance
with Form 45B or 46 if:".
53.3 Subrule 3 (3A): Omit the subrule.
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