Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 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; and

               (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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