Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 41.09

Substituted performance

             (1)  If a person (the first person ) is bound, but neglects or refuses, to do an act, a party may apply to the Court for an order:

                     (a)  that the act be done by another person, appointed by the Court; and

                     (b)  that the first person pay the costs and expenses incurred by the making of the order.

             (2)  Subrule (1) does not limit:

                     (a)  the power of the Court to punish for contempt; or

                     (b)  any other mode of enforcement of the judgment or order available to the party.



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