Uniform Civil Procedure Rules 1999

To have effect on a person, an enforcement warrant imposing a charging order must be personally served on the person.

An enforcement warrant imposing a charging order entitles the enforcement creditor to the same remedies as the enforcement creditor would have had if the charge had been made in the enforcement creditor’s favour by the enforcement debtor.

However, an enforcement creditor may not take proceedings to obtain a remedy in relation to particular charged property until—

the enforcement warrant imposing the charging order is served on the enforcement debtor and the person who issued or administers the property; and

3 months has passed since the later service.