Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 20.42

Application for sequestration of property
(1)
A payee may apply to the court for an enforcement order appointing a sequestrator of the property of a payer by filing an Application in a Case (Form 2), setting out the details of the property to be sequestered, and an affidavit.

(2)
The affidavit must:

(a)
comply with rule 20.06;

(b)
include the full name and address of the proposed sequestrator;

(c)
include details of the sequestrator's fees; and

(d)
have attached to it a consent to the appointment of the sequestrator, signed by the proposed sequestrator.

(3)
The court may:

(a)
hear an urgent application under subrule (1) without notice; and

(b)
make an order that is expressed to operate only until a date fixed by the order.

(4)
The court may hear an application under this rule in chambers, in the absence of the parties, on the documents filed.



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