Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 20.43

        (1)         In considering an application for sequestration, the court must be satisfied that:

        (a)         if the obligation to be enforced arises under an order — the payer has been served with the order to be enforced;

        (b)         the payer has refused or failed to comply with the obligation; and

        (c)         an order for sequestration is the most appropriate method of enforcing the obligation.

        (2)         On appointing a sequestrator, the court may:

        (a)         authorise and direct the sequestrator:

        (i)         to enter and take possession of the payer’s property or part of the property;

        (ii)         to collect and receive the income of the property, including rent, profits and takings of a business; and

        (iii)         to keep the property and income under sequestration until the payer complies with the obligation or until further order; and

        (b)         fix the remuneration of the sequestrator.

Note    For rules relating to the enforcement of obligations other than an obligation to pay money, see Part 20.7.