Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2008 (NO 2) (NO 44 OF 2008) - REG 4

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2010A     Enforcement—certificate of registration of enforceable order under Service and Execution of Process Act

    (1)     This rule applies in relation to an application for the registration in a court of an enforceable order of another court or tribunal under the Service and Execution of Process Act 1992 (Cwlth), section 105.

    (2)     An application under subrule (1) is made by filing in the court—

        (a)     a copy, sealed by the court or tribunal that made the order, of the enforceable order, or a fax of the copy so sealed; and

        (b)     a draft certificate with a copy of the sealed copy of the order attached.

    (3)     Part 6.2 (Applications in proceedings) does not apply to the application.

    (4)     A copy of the enforceable order and draft certificate need not be served on anyone unless the court otherwise orders on its own initiative.

    (5)     The court may give the applicant a sealed copy of the certificate of registration of the enforceable order, with a copy of the enforceable order sealed by the registering court attached.

Note     See approved form 2.85 (Certificate of registration of enforceable order).

    (6)     If a fax is filed under subrule (2) (a)—

        (a)     the copy, sealed by the court or tribunal that made the order, of the enforceable order must be filed with the court not later than 7 working days after the day the fax is filed; and

        (b)     if the copy so sealed is not filed with the court within the 7-day period, a proceeding to enforce the enforceable order must not be started or continued until the copy is filed or unless the court gives leave.

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave.

    (7)     An application for leave to start, or continue, an enforcement proceeding need not be served on anyone unless the court otherwise orders on its own initiative.

    (8)     In this rule:

"certificate of registration", of an order, means the certificate given under subrule (5), signed by the registrar, certifying that the enforceable order is registered.

"enforceable order" means—

        (a)     an enforceable money order; or

        (b)     an enforceable non-money order.

"working day" means a day that is not—

        (a)     a Saturday or Sunday; or

        (b)     a public holiday or bank holiday in the ACT under the Holidays Act 1958 .