Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 2442

(SCR o 43 r 28 and r 29 and o 44 r 4; Qld r 898 and r 899)

    (1)     This rule applies to an order (the original order ) if—

    (a)     the order is a non-money order that requires a person—

    (i)     to do an act within a stated time; or

    (ii)     not to do an act; and

    (b)     the person contravenes the order.

    (2)     The original order may be enforced in 1 or more of the following ways:

    (a)     if the original order is an order of the Supreme Court—punishment for contempt of the person liable under the original order;

Note     For provisions about contempt, see div 2.18.16.

    (b)     an order for seizure and detention of property against the person liable under the original order;

Note     For provisions about orders for seizure and detention of property, see div 2.18.15.

    (c)     if the person liable under the original order is a corporation—without limiting paragraphs (a) and (b), the following:

    (i)     if the original order is an order of the Supreme Court—punishment for contempt of any senior officer of the corporation;

    (ii)     an order for seizure and detention of property against the corporation.

    (3)     Subrule (2) is subject to rule 2446 (Enforcement by contempt or seizing and detaining property—preconditions).

    (4)     Also, if the original order is an order to do an act, the court may—

    (a)     appoint someone else to do the act; and

    (b)     order the person liable under the original order to pay the costs and expenses caused by the failure to do the act.

    (5)     Subrule (4) does not affect the court's power to—

    (a)     appoint a person to execute a document by order of the court; or

    (b)     for the Supreme Court—punish for contempt.