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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