Court Procedures Rules 2006

An undertaking to the court, other than for the payment of money, may be enforced in 1 or more of the following ways:

punishment for contempt of the person liable under the undertaking;

For provisions about contempt, see div 2.18.16.

an order for seizure and detention of property against the person liable under the undertaking;

For provisions about orders for seizure and detention of property, see div 2.18.15.

if the person liable under the undertaking is a corporation—without limiting paragraphs (a) and (b), the following:

punishment for contempt of any senior officer of the corporation;

an order for seizure and detention of property against the corporation.

Also, if the undertaking is an undertaking to do an act, the court may—

appoint someone else to do the act; or

order the person liable under the undertaking to pay the costs and expenses caused by the failure to do the act.

An undertaking for the payment of money may be enforced as if it were a money order.

If a party is in breach of an undertaking, another party may apply for compensation to the court in the proceeding in which the undertaking was given.

Pt 6.2 (Applications in proceedings) applies to an application for compensation under this rule.

If the court decides that—

a party is in breach of an undertaking; and

another party has sustained a loss because of the breach; and

the party in breach should pay the other party compensation for the loss;