Supreme Court Rules 2000

A writ of execution to enforce a judgment is not to be issued in the following circumstances without the leave of the Court or a judge:if 6 years have elapsed since the judgment; if any change has taken place in the identity of the persons entitled or liable to execution under the judgment; if the judgment is against the assets of a deceased person coming to the hands of the executor or administrator after the date of the judgment and execution is sought against those assets; if a person is entitled to enforce a judgment subject to or on the fulfilment of any condition or contingency; if the writ is against property in the hands of – a receiver appointed by the Court or a judge; or a sequestrator; if a party is entitled to execution on a judgment of assets in futuro; if the judgment is for a sum of money in a currency other than Australian.

Subrule (1) does not affect the provision of any Act requiring the leave of the Court or a judge to be obtained before a judgment may be enforced.

Unless the Court or a judge otherwise orders, an application under subrule (1) – may be made ex parte; and is to be supported by evidence on affidavit showing – if the judgment is for the payment of money, the amount, including any interest, due on the date of the application; and that the applicant is entitled to proceed to execution on the judgment; and that the person against whom execution is sought is liable to execution on the judgment.

The application is to be supported by further evidence on affidavit showing – in the case of an application under subrule (1)(a), the reasons for the delay; and in the case of an application under subrule (1)(b) – the changes that have taken place; and that a demand to satisfy the judgment has been made on the person liable; and that person has not satisfied the judgment; and in the case of an application under subrule (1)(c) or (d) – that a demand to satisfy the judgment has been made on the person liable; and that person has not satisfied the judgment.