Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 20.16

        (1)         A payee may, without notice to the payer, ask a Family Court to issue an Enforcement Warrant by filing:

        (a)         an affidavit; and

        (b)         the Enforcement Warrant sought and a copy of it for service.

        (2)         The affidavit must:

        (a)         comply with rule 20.06; and

        (b)         include the following details of the property owned by the payer:

        (i)         for any real property:

        (A)         evidence that the payer is the registered owner; and

        (B)         details of registered encumbrances and of any other person with an interest in the property;

        (ii)         for any personal property:

        (A)         the location of the property; and

        (B)         whether there is any other person who may have an interest in the property, including as a part owner or under a hire purchase agreement, lease or lien.

Note     A person seeking to enforce the payment of a child support liability must first apply for an order for the amount owed (see rule 20.03).

        (3)         If an Enforcement Warrant is issued, the payee must give the enforcement officer:

        (a)         the Warrant; and

        (b)         either or both of the following:

        (i)         a written undertaking to pay all reasonable fees and expenses associated with the enforcement if they
are greater than the amount recovered on the enforcement;

        (ii)         the amount (if any) required by the enforcement officer to be paid on account for the reasonable fees and expenses of the enforcement.

Note    Although the payee is liable to pay the enforcement officer any reasonable fees and expenses relating to the enforcement, the payee is entitled to recover those fees and expenses under the Enforcement Warrant (see subrule 20.23 (2)).