Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 68.02

Leave to issue warrant

    (1)     Notwithstanding Order 66, a warrant of execution to enforce a judgment shall not be issued without the leave of the Court in the following cases—

        (a)     where six years have elapsed since the judgment took effect;

        (b)     where any change has taken place, whether by assignment or death or otherwise, in the identity of the persons entitled or liable to execution under the judgment;

        (c)     where the judgment is against the assets of a deceased person coming to the hands of the deceased's executor or administrator after the date of the judgment, and it is sought to issue execution against assets of that description;

        (d)     where under the judgment a person is entitled to enforce it subject to the fulfilment of a condition;

        (e)     where the warrant is against property in the hands of a receiver appointed by the Court or of a sequestrator;

        (f)     where the judgment is for a sum in a currency not Australian dollars.

    (2)     Paragraph (1) does not affect any provision of or under any Act requiring the leave of the Court before a judgment may be enforced.

    (3)     An application for leave under paragraph (1) may be made without notice to any person, unless the Court otherwise orders.

    (4)     The application shall be supported by evidence on affidavit showing—

        (a)     where the judgment is for the payment of money, the amount, including any interest, due on the date of the application;

        (b)     where paragraph (1)(a) applies, the reasons for the delay;

        (c)     where paragraph (1)(b) applies, the change which has taken place;

        (d)     where paragraph (1)(b), (1)(c) or (1)(d) applies, that a demand to satisfy the judgment has been made on the person liable to satisfy it and that the person liable has not satisfied it;

        (e)     that the applicant is entitled to proceed to execution on the judgment; and

        (f)     that the person against whom execution is sought is liable to execution on the judgment.



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