Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 817

817 Procedure

(1) A person applying for an enforcement warrant must file—

(a) an application attaching the enforcement warrant the person wants the court to issue; and

(b) if the person is an enforcement creditor, a statement in the approved form sworn by the enforcement creditor, or the enforcement creditor’s agent or solicitor, not earlier than 2 business days before the date of the application disclosing the following—

(i) the date the money order was made;

(ii) the amount for which the order was made;

(iii) the date and amount of any payment made under the order;

(iv) the costs incurred in previous enforcement proceedings in relation to the order debt;

(v) any interest due at the date the statement is sworn;

(vi) any other details necessary to calculate the amount payable under the order at the date the statement is sworn and how the amount is calculated;

(vii) the daily amount of any interest that, subject to any future payment under the order, will accrue after the date the statement is sworn;

(viii) any other information necessary for the warrant being sought.

(2) An enforcement creditor may apply for an enforcement warrant without notice to another party.

(3) A copy of the enforcement warrant must be filed.

(4) Subject to this chapter, it is not necessary to request an enforcement hearing before applying for an enforcement warrant.

(5) Unless the court or a registrar directs otherwise, an application for an enforcement warrant or an application for renewal of an enforcement warrant must be dealt with by the registrar without a formal hearing.