Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 20.16

Request for Enforcement Warrant (Form 16)
(1)
A payee may, without notice to the payer, request an Enforcement Warrant (Form 16) by filing:

(a)
an affidavit; and

(b)
the Enforcement Warrant sought and a copy of it for service.

(2)
The affidavit must:

(a)
comply with rule 20.06; and

(b)
include the following details of the property owned by the payer:

(i)
for any real property:

(A) evidence that the payer is the registered owner; and
(B) details of registered encumbrances and of any other person with an interest in the property;

(ii)
for any personal property:

(A) the location of the property; and
(B) whether there is any other person who may have an interest in the property, including as a part owner or under a hire purchase agreement, lease or lien.

Note
A person seeking to enforce the payment of a child support liability must first apply for an order for the amount owed (see rule 20.03).

(3)
If an Enforcement Warrant is issued, the payee must give the enforcement officer:

(a)
the Warrant; and

(b)
a written undertaking to pay all costs associated with the enforcement if the costs and expenses of the enforcement are greater than the amount recovered on the enforcement.



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