Proceeding for enforcement order without notice
787 Proceeding for enforcement order without notice
A person may bring a proceeding for an enforcement order without notice to the other party.
Without limiting the discretion of the court in the exercise of its equitable jurisdiction, the court may, with or without conditions—
grant the order for a limited period stated in the order; or
grant the order until the trial of the proceeding; or
grant an order for a limited time prohibiting a person from leaving Australia; or
make another order.
Example of an injunction under subsection (2)(c)—This order may be used if the departure of the person would render a proceeding useless, for example, because the person’s departure would make it impossible to have an enforcement hearing in relation to a judgment against the person and so ascertain the location of the person’s assets. Conditions imposed may, for example, relate to payment of an amount, or surrendering a passport, to the court.
This Act’s bill:Explanatory memorandum
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