Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 37.2

Service before committal or sequestration
2. (1) Subject to the Rules, an order shall not be enforced by committal or
sequestration unless-

   (a)  the order or a certified or office copy thereof is served personally
        on the person bound; and

   (b)  if the order requires the person bound to do an act within a specified
        time, the order or a certified or office copy thereof is so served
        before that time expires.

(2) Subject to the Rules, where the person bound by an order is a corporation
or organization the order shall not be enforced by committal of an officer of
the person bound or by sequestration of the property of an officer of the
person bound unless, in addition to service under sub-rule (1) on the person
bound-

   (a)  the order or a certified or office copy thereof is served personally
        on the officer; and

   (b)  if the order requires the person bound to do an act within a specified
        time, the order or a certified or office copy thereof is so served
        before that time expires.

(3) An order or a certified or office copy thereof served under this rule must
bear a notice (naming the persons concerned) that the person served is liable
to imprisonment or to sequestration of property if-

   (a)  where the order requires the person bound to do an act within a
        specified time, the person bound refuses or neglects to do the act
        within that time; or

   (b)  where the order requires the person bound to abstain from doing an
        act, the person bound disobeys the order.

(4) Subject to the Rules, where-

   (a)  an order requires the person bound to do an act; and

   (b)  another order specifies the time in which the act is required to be
        done, each order or a certified or office copy thereof shall be served
        on the person bound before the expiry of that time as so abridged or
        extended.

(5) Where a person liable to committal or sequestration of his property by way
of enforcement of a judgment or order has notice of the judgment or order-

   (a)  by being present when the judgment is pronounced or when the order is
        made; or

   (b)  by being notified of the terms of the judgment or order whether by
        telephone, telegram or otherwise, the judgment or order may be
        enforced by committal of that person or by sequestration of his
        property notwithstanding that service has not been effected in
        accordance with this rule.

(6) The Court may dispense with service under this rule.



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