Civil Judgments Enforcement Act 2004

In this Division —

available asset, in relation to a judgment debtor, means —

the judgment debtor’s legal or equitable estate or interest in any real or personal property; or

the judgment debtor’s interest in the property or profits of a partnership of which the debtor is a partner or in any other money that may be coming to the judgment debtor in respect of the partnership,

irrespective of whether the interest is held jointly or in common with another or others.

86. Appointing a receiver, injunctions etc.

If an available asset of a judgment debtor cannot be conveniently appropriated or realised under this Part for the purposes of recovering a judgment debt, whether due to acts or omissions of the judgment debtor or otherwise, the judgment creditor may apply to the court for any or all of the following —

an order that determines the nature and extent of the asset;

an order that appoints a receiver of the asset;

an order that the judgment debtor or any person in possession or control of the asset —

deliver the asset to a person named in the order;

do, not do, or cease from doing, any act that relates to the asset and that is specified in the order;

an order that prohibits the judgment debtor or any other person from disposing of or otherwise dealing with the asset;

an order that facilitates the appropriation or realisation of the asset.

The court may make any such order, subject to section 87.

The court may make any such order even if no other proceedings have been taken to enforce the monetary judgment concerned.

87. Receiver, appointment of etc.

In determining whether to appoint a receiver under section 86 the court must consider at least the following —

whether appointing a receiver would be an effective means of realising the property;

the probable cost of the receivership in relation to the probable benefits to be derived by appointing a receiver;

whether appointing a receiver would cause undue hardship or prejudice to the judgment debtor or any other person;

the likelihood of the judgment debt being recovered by means of any other enforcement order without realising the available asset in question.

A court must not appoint a person as a receiver unless —

the person satisfies the qualifications, if any, prescribed by the regulations; and

the person has agreed in writing to act as receiver in respect of the available asset in question.

Unless otherwise ordered by the court, a receiver appointed by the court may take into the receiver’s custody and control the available asset in respect of which the receiver is appointed.

When or after appointing a receiver the court may make any ancillary or consequential order needed to enable the receiver to realise from the available asset sufficient money to satisfy the judgment debt.

Without limiting subsection (4), the court may make —

any order needed to give the receiver power to take custody or control of, manage, sell, dispose of, divert income from, or take proceedings in relation to, the available asset;

any order needed as to the payment of the receiver’s fees and expenses.