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FAMILY LAW ACT 1975 - SECT 109A

Rules of Court relating to enforcement

             (1)  The power of the Judges, or a majority of them, under section 123 to make Rules of Court extends to making Rules of Court for or in relation to, or for or in relation to anything incidental to, the enforcement by the court of:

                     (a)  an order under this Act affecting children; or

                     (b)  an order under this Act (within the meaning of Part XIIIA); or

                     (c)  the Child Support (Registration and Collection) Act 1988 ; or

                     (d)  the Child Support (Assessment) Act 1989 ;

and, in particular, for or in relation to any of the specific matters mentioned in subsection (2).

             (2)  The specific matters are as follows:

                     (a)  requiring a person to do any one or more of the following:

                              (i)  to attend before a court or Registrar and answer questions or produce documents;

                             (ii)  to deliver a document or article to, or to a person specified by, a court or Registrar;

                            (iii)  to transfer the ownership of specified property to another person;

                            (iv)  to give another person possession (including exclusive possession) of specified property;

                             (v)  to deliver a specified chattel to another person;

                            (vi)  to do, or abstain from doing, any other act;

                     (b)  prescribing the practice and procedure to be followed for a hearing before a court or Registrar for the purpose of giving effect to a requirement made as mentioned in subparagraph (a)(i);

                     (c)  taking any one or more of the actions mentioned in subsection (3) in respect of a person who:

                              (i)  fails to pay the amount of a fine imposed under Division 13A of Part VII or under Part XIIIA; or

                             (ii)  fails to pay an amount payable under a bond entered into under Division 13A of Part VII or under Part XIIIA; or

                            (iii)  fails to pay under section 66L an amount of maintenance for a person over the age of 18 years; or

                            (iv)  fails to pay an amount payable under a registered maintenance liability under the Child Support (Registration and Collection) Act 1988 or the Child Support (Assessment) Act 1989 ; or

                             (v)  fails to comply with a requirement made as mentioned in paragraph (a);

                     (d)  delegating to a Registrar all or any of the powers conferred on a court under Rules of Court made under this section.

             (3)  Subject to subsection (4), the actions in respect of a person the taking of which may be provided for by Rules of Court as mentioned in paragraph (2)(c) are as follows:

                     (a)  the issue of a warrant for the arrest of the person;

                     (b)  the issue of a warrant of execution against property of the person;

                     (c)  the making of an order authorising the taking of possession of property of the person;

                     (d)  the making of an order for the sequestration, and if necessary the sale, of property of the person;

                     (e)  the making of an order for the attachment, by garnishment or attachment of earnings, of debts owed to the person;

                      (f)  the appointment of a receiver of property of the person.

             (4)  A reference in paragraph (2)(c) to a failure to pay an amount is a reference to any such failure irrespective of the length of the period during which the failure has continued, and includes a reference to a failure to pay part of an amount.

             (5)  In this section:

"property " means real or personal property.

Note:          Powers to make Rules of Court are also contained in sections 26B and 37A.



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