Court Procedures Rules 2006

On application by the enforcement creditor for an enforceable money order of the court, the court may make an order (a charging order) imposing a charge over all or part of the enforcement debtor’s equitable interest in any property or legal or equitable interest in 1 or more of the following (each of which is a security interest):

annuities;

debentures;

stocks;

bonds;

shares;

marketable securities;

interests in a managed investment scheme;

units of—

shares; or

marketable securities;

money on deposit in a financial institution that is held—

in the enforcement debtor’s name in the enforcement debtor’s own right; or

in someone else’s name on trust for the enforcement debtor.

A charging order operates, in relation to each security interest stated in the order—

to charge the security interest in favour of the enforcement creditor to the extent necessary to satisfy the order debt; and

to restrain the chargee from dealing with the security interest otherwise than in accordance with the directions of the enforcement creditor.