Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 20.60

Powers of enforcement officer

                   An enforcement officer may, when enforcing a warrant (with such assistance as the enforcement officer requires and, if necessary, by force) do any of the following:

                     (a)  enter and search any real property:

                              (i)  that is the subject of the warrant; or

                             (ii)  for the purpose of seizing any property the subject of the warrant;

                     (b)  if the warrant is for the seizure and sale of real property--enter and eject from the property any person who is not lawfully entitled to be on the property;

                     (c)  take possession of or secure against interference any property the subject of the warrant;

                     (d)  remove any property the subject of the warrant from the place where it is found, place it in storage or deliver it to another person or place for a purpose authorised by the warrant.

Note:          The powers specified in this rule are in addition to, and do not derogate from, any other powers conferred by law on the enforcement officer.


   

Summary of Chapter 21

Chapter 21 sets out how a party may seek:

*     an order to enforce a parenting order;

*     an order that a person be punished for contravening an order, bond or sentence, or for contempt of court; or

*     an order to locate or recover children Application should not be made under this Chapter unless an associated matter is pending in the court or filing with the Federal Circuit Court is not available. Under section 33B of the Family Law Act 1975, the Family Court may transfer the proceeding to the Federal Circuit Court without notice to the parties.

Before filing an application, a party should consider the result that the party wants to achieve. The remedies available from the court range from the enforcement of a bond or order to the punishment of a person for failure to comply with an order, bond or sentence. For example, the court may make an order that:

*     ensures the resumption of the arrangements set out in an earlier order;

*     compensates a person for time lost with a child;

*     compensates a person for expenses incurred in attempting to spend time with a child;

*     varies an existing order;

*     puts a person on notice that, if the person does not comply with an order, the person will be punished; or

*     punishes a person by way of a fine or imprisonment.

Contempt of court should be alleged only if the conduct complained of is serious enough to warrant such a serious charge, for example, if it is alleged that the contravention of an order involves a flagrant challenge to the court's authority (see subsection 112AP(1) of the Act). A person found to be in contempt of the court may be imprisoned.

The rules in Chapter 1 relating to the court's general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.


   



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