Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 66.10

Service before committal or sequestration

    (1)     A judgment shall not be enforced by committal or sequestration unless—

        (a)     a copy of the judgment is served personally on the person bound; and

        (b)     if the judgment requires the person bound to do an act within a fixed time, the copy of the judgment is so served a reasonable time before that time expires.

    (2)     Where the person bound is a corporation, the judgment shall not be enforced by committal of an officer of the corporation or by sequestration of the property of an officer of the corporation unless, in addition to service under paragraph (1) on the corporation

        (a)     a copy of the judgment is served personally on the officer; and

        (b)     if the judgment requires the corporation to do an act within a fixed time, the copy of the judgment is so served a reasonable time before that time expires.

    (3)     A copy of a judgment served under this Rule shall be indorsed with a notice, naming the person served, that the person served is liable to imprisonment or to sequestration of property if—

        (a)     where the judgment requires the person bound to do an act within a fixed time, the person bound refuses or neglects to do the act within that time; or

        (b)     where the judgment requires the person bound to abstain from doing an act, the person disobeys the judgment.

    (4)     Where a judgment requires the person bound to do an act and an order is made under Rule 59.03 fixing a time within which the act is to be done, a copy of the judgment, indorsed as required by paragraph (3)(a), and a copy of the order shall be served on that person a reasonable time before the expiry of that time.

    (5)     A judgment requiring a person to do an act within a fixed time or a judgment requiring a person to abstain from doing an act may be enforced under Rule 66.05 notwithstanding that service has not been effected under this Rule if the person against whom the judgment is to be enforced has notice of the judgment

        (a)     by being present when the judgment was given; or

        (b)     by being notified of the terms of the judgment whether by telephone, telegram or otherwise.

    (6)     The Court may dispense with service under this Rule.



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