Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 20.28

Denial or no response to claim
(1)
This rule applies if:

(a)
an enforcement officer has served an affected person's notice of claim on a payee; and

(b) within 7 days after the notice was served, the payee:

(i)
disputes or does not admit the claim; or
(ii)
fails to respond to the claim in accordance with rule 20.26.
(2)
The following people may apply for an order to determine the claim:

(a)
each party to the Enforcement Warrant;

(b)
the affected person;

(c)
the enforcement officer.

Note
An application under subrule (2) must be in a Form 2 (see rule 5.01).

(3)
The Registry Manager must fix a date for hearing an application under this rule that is as close as practicable to 14 days after the date of filing.

(4)
The application must be served on the following people at least 7 days before the hearing of the application:

(a)
each party to the Enforcement Warrant;

(b)
the affected person;

(c)
the enforcement officer.



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