Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 41.08

Application where person fails to comply with order

             (1)  If a person fails to comply with an order that the person is bound to comply with a party may apply to the Court for the following orders:

                     (a)  the committal of the person;

                     (b)  the sequestration of the person's property.

             (2)  If the person in default is a corporation or an organisation, a party may apply to the Court for an order:

                     (a)  for the committal of an officer of the corporation or organisation; or

                     (b)  for the sequestration of the property of the corporation or organisation.

             (3)  However, no application may be made for an order under paragraph (2)(a) unless the officer:

                     (a)  has been served with the order in accordance with rule 41.07(1), and the order carries the endorsement in rule 41.06; or

                     (b)  was present when the order was made or was notified of the order in accordance with rule 41.07(2).

             (4)  This rule applies if the Court has made:

                     (a)  an injunction; or

                     (b)  an order in the nature of an injunction; or

                     (c)  an order in the nature of mandamus or prohibition.

Note:          Contempt is dealt with in Part 42.



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