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s 41.08

Application where person fails to comply with order

In force
Chapter 5Judgments, costs and other general provisions
Part 41Enforcement
Division 41.1General

41.08 Application where person fails to comply with order

(1)

If a person fails to comply with an order that the person is bound to comply with a party may apply to the Court for the following orders:

(a)

the committal of the person;

(b)

the sequestration of the person’s property.

(2)

If the person in default is a corporation or an organisation, a party may apply to the Court for an order:

(a)

for the committal of an officer of the corporation or organisation; or

(b)

for the sequestration of the property of the corporation or organisation.

(3)

However, no application may be made for an order under paragraph (2)(a) unless the officer:

(a)

has been served with the order in accordance with rule 41.07(1), and the order carries the endorsement in rule 41.06; or

(b)

was present when the order was made or was notified of the order in accordance with rule 41.07(2).

(4)

This rule applies if the Court has made:

(a)

an injunction; or

(b)

an order in the nature of an injunction; or

(c)

an order in the nature of mandamus or prohibition.

Note:

Contempt is dealt with in Part 42.

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