County Court Civil Procedure Rules 2018

REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR

DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU TO ABSTAIN FROM DOING,

The application for this order is made returnable immediately.

The time for service of [describe documents required to be served] is abridged and service is to be effected by [insert time and date]².

"applicant", if there is more than one applicant, includes all the applicants;

"you", where there is more than one of you, includes all of you and includes you if you are a corporation;

"third party" means a person other than you and the applicant;

"unencumbered value" means value free of mortgages, charges, liens or other encumbrances.

If you are ordered to do something, you must do it by yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions.

If you are ordered not to do something, you must not do it yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way.

You must not remove from Australia or in any way dispose of, deal with or diminish the value of any of your assets which are in Australia ("Australian assets") up to the unencumbered value of AUD$ ("the relevant amount").

If the unencumbered value of your Australian assets exceeds the relevant amount, you may remove any of those assets from Australia or dispose of or deal with them or diminish their value, so long as the total unencumbered value of your Australian assets still exceeds the relevant amount.

If the unencumbered value of your Australian assets is less than the relevant amount, and you have assets outside Australia ("ex‑Australian assets")—

you must not dispose of, deal with or diminish the value of any of your Australian assets and ex‑Australian assets up to the unencumbered value of your Australian and ex‑Australian assets of the relevant amount; and

you may dispose of, deal with or diminish the value of any of your ex‑Australian assets, so long as the unencumbered value of your Australian assets and ex‑Australian assets still exceeds the relevant amount.

your assets include—

all your assets, whether or not they are in your name and whether they are solely or co‑owned;

any asset which you have the power, directly or indirectly, to dispose of or deal with as if it were your own (you are to be regarded as having such power if a third party holds or controls the asset in accordance with your direct or indirect instructions); and

the following assets in particular—

the property known as [title/address] or, if it has been sold, the net proceeds of the sale;

the assets of your business [known as [name]] [carried on at [address]] or, if any or all of the assets have been sold, the proceeds of the sale; and

any money in account [numbered account number] [in the name of] at [name of bank and name and address of branch];

the value of your assets is the value of the interest you have individually in your assets.

at or before the further hearing on the return date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all your assets in [Australia] [world wide], giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of your interest in the assets;

within [ ] working days after being served with this order, swear and serve on the applicant an affidavit setting out the above information.

This paragraph 9 applies if you are not a corporation and you wish to object to complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that you—

have committed an offence against or arising under an Australian law or a law of a foreign country; or

are liable to a civil penalty.

This paragraph 9 also applies if you are a corporation and all persons who are able to comply with paragraph 8 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively—

have committed an offence against or arising under an Australian law or a law of a foreign country; or

are liable to a civil penalty.

You must—

disclose so much of the information required to be disclosed to which no objection is taken; and

prepare an affidavit containing so much of the information required to be disclosed to which objection is taken and deliver it to the Court in a sealed envelope; and

file and serve on each other party a separate affidavit setting out the basis of the objection.

paying [up to $ a week/day on] [your ordinary] living expenses;

paying [$ on] [your reasonable] legal expenses;

dealing with or disposing of any of your assets in the ordinary and proper course of your business, including paying business expenses bona fide and properly incurred;

in relation to matters not falling within subparagraphs (a), (b) or (c), dealing with or disposing of any of your assets in discharging obligations bona fide and properly incurred under a contract entered into before this order was made, provided that before doing so you give the applicant, if possible, at least two working days written notice of the particulars of the obligation.

The order will cease to have effect if you—

pay the sum of $ into Court; or

pay that sum into a joint bank account in the name of your solicitor and the solicitor for the applicant as agreed in writing between them; or

provide security in that sum by a method agreed in writing with the applicant to be held subject to the order of the Court;

Any such payment and any such security will not provide the applicant with any priority over your other creditors in the event of your insolvency;

If this order ceases to have effect pursuant to subparagraph (a), you must as soon as practicable file with the Court and serve on the applicant notice of that fact.

Except as provided in subparagraph (b) below, the terms of this order do not affect or concern anyone outside Australia;

The terms of this order will affect the following persons outside Australia—

you and your directors, officers, employees and agents (except banks and financial institutions);

any person (including a bank or financial institution) who—

is subject to the jurisdiction of this Court;

has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and

is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and

any other person (including a bank or financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets.

The applicant undertakes to submit to such order (if any) as the Court may consider to be just for the payment of compensation (to be assessed by the Court or as it may direct) to any person (whether or not a party) affected by the operation of the order.

As soon as practicable, the applicant will—

file a copy of this order and [describe documents required to be filed]; and

serve on the respondent copies of this order and [describe documents required to be served].

As soon as practicable, the applicant will cause anyone notified of this order to be given a copy of it.

The applicant will pay the reasonable costs of anyone other than the respondent which have been incurred as a result of this order, including the costs of finding out whether that person holds any of the respondent's assets.

If this order ceases to have effect⁵ the applicant will promptly take all reasonable steps to inform in writing anyone to whom the applicant has given notice of this order, or who the applicant has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.

The applicant will not, without leave of the Court, use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in or outside Australia, other than this proceeding.

The applicant will not, without leave of the Court, seek to enforce this order in any country outside Australia or seek in any country outside Australia an order of a similar nature or an order conferring a charge or other security against the respondent or the respondent's assets.

on or before [date] cause an irrevocable undertaking to pay in the sum of $ to be issued by a bank with a place of business within Australia, in respect of any order the court may make pursuant to undertaking (1) above; and

immediately upon issue of the undertaking, cause a copy of it to be served on the respondent.]⁶