Court Procedures Rules 2006

This rule applies in relation to an application for the registration in a court of an enforceable order of another court or tribunal under the Service and Execution of Process Act 1992 (Cwlth), section 105.

An application under subrule (1) is made by filing in the court—

a copy, sealed by the court or tribunal that made the order, of the enforceable order, or a fax of the copy so sealed; and

a draft certificate with a copy of the sealed copy of the order attached.

Part 6.2 (Applications in proceedings) does not apply to the application.

A copy of the enforceable order and draft certificate need not be served on anyone unless the court otherwise orders on its own initiative.

The court may give the applicant a sealed copy of the certificate of registration of the enforceable order, with a copy of the enforceable order sealed by the registering court attached.

See approved form 2.85 (Certificate of registration of enforceable order) AF2008-120.

If a fax is filed under subrule (2) (a)—

the copy, sealed by the court or tribunal that made the order, of the enforceable order must be filed with the court not later than 7 working days after the day the fax is filed; and

if the copy so sealed is not filed with the court within the 7-day period, a proceeding to enforce the enforceable order must not be started or continued until the copy is filed or unless the court gives leave.

Pt 6.2 (Applications in proceedings) applies to an application for leave.

An application for leave to start, or continue, an enforcement proceeding need not be served on anyone unless the court otherwise orders on its own initiative.

In this rule:

an enforceable money order; or

an enforceable non-money order.

a Saturday or Sunday; or

a public holiday or bank holiday.