Court Procedures Rules 2006

An enforcement creditor for an enforceable money order of the court may apply to the court for an enforcement hearing.

However, unless the court otherwise orders, the enforcement creditor may not apply to the court for an enforcement hearing if any of the following orders is in force in relation to the enforceable money order:

an instalment order;

a debt redirection order;

a regular redirection order;

an earnings redirection order.

Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.

An application under this rule for an enforcement hearing is made by filing in the court—

a draft order requiring the enforcement debtor to attend an enforcement hearing; and

an affidavit in support of the application.

See approved form 2.50 (Order to attend enforcement hearing) AF2006‑295.

The affidavit in support must state—

the date the money order was made; and

the amount of the order debt; and

the date and amount of each payment (if any) made under the money order; and

the costs incurred in previous enforcement proceedings in relation to the money order; and

the interest owing on the day the affidavit is made (the affidavit date); and

any other details necessary to work out the amount payable under the order on the affidavit date and how the amount is worked out; and

the daily amount of any interest that, subject to any future payment under the money order, will accrue after the affidavit date; and

the last-known address of the enforcement debtor; and

if the enforcement creditor has conducted a company name search or business name search in relation to the enforcement debtor—the results of the search.

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

The affidavit and draft order need not be served on the enforcement debtor unless the court otherwise orders on its own initiative.

Unless the court otherwise orders on its own initiative, the application must be dealt with without a hearing and in the absence of the parties.