Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 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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