Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 20.43

Order for sequestration

(1) In considering an application for sequestration, the court must be satisfied that:

(a)
the payer has been served with the order to be enforced;

(b)
the payer has refused or failed to comply with that order; and

(c)
an order for sequestration is the most appropriate method of enforcing the obligation.

(2) On appointing a sequestrator, the court may:
(a) authorise and direct the sequestrator:

(i)
to enter and take possession of the payer's property or part of the property;
(ii)
to collect and receive the income of the property, including rent, profits and takings of a business; and
(iii)
to keep the property and income under sequestration until the payer complies with the obligation or until further order; and
(b)
fix the remuneration of the sequestrator.



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