Part 45 – How Judgments may be Enforced

Scope of this Part

45.1

1. This Part sets out the ways in which judgments may be enforced. It has effect subject to any enactment as to enforcement of judgments in force for the time being in any Member State or Territory.

How money judgments may be enforced

45.2

1. A judgment or order for payment of a sum of money other than an order for payment of money into court may be enforced by –
   1. a charging order under Part 48;
   2. a garnishee order under Part 50;
   3. (subject to the restrictions of any relevant Debtors Act) a Judgment Summons under Part 52;
   4. in order for the seizure and sale of goods under Part 46; or
   5. the appointment of a receiver under Part 51.

Enforcement of orders for payment of money into court

45.3

1. An order for the payment of money into court may be enforced by –
   1. a committal order under Part 53;
   2. an order for sequestration of assets under Part 53; or
   3. the appointment of a receiver under Part 51.
2. An order for committal or sequestration of assets under paragraph (a) or (b) may be made only if the order requires payment to be made within a specified time or by a specified date.

Enforcement of judgments and orders for possession of land

45.4

1. A judgment or order for the possession of land may be enforced by –
   1. a committal order under Part 53;
   2. a sequestration of assets order under Part 53; or
   3. a writ of possession of land.
2. An order for committal or sequestration of assets under paragraph (a) or (b) may be made only if the court has given a judgment or made an order requiring possession of land to be given within a specified time or by a specified date.

Enforcement of judgments and orders for delivery of goods

45.5

1. The ways in which an order for delivery of goods may be enforced depend on whether or not the judgment or order gives the judgment debtor the choice of paying the assessed value of the goods.
2. If it gives the judgment debtor the choice, the means of enforcement are a writ of delivery –
   1. to recover the goods or their assessed value under Part 46; or
   2. specific delivery for the recovery of specified goods under Part 46.
3. A judgment creditor may only obtain a writ of specific delivery under paragraph (2)(b) if the court gives permission under rule 46.9.
4. If the judgment or order gives the judgment debtor the choice of paying the assessed value of the goods, that judgment or order may not be enforced by order of committal under Part 53.
5. However on the application of the judgment creditor the court may make an order requiring the judgment debtor to deliver the goods to the judgment creditor within a specified time or by a specified date, and if the judgment debtor does not comply, that order may be enforced by an order for committal under Part 53.
6. If the judgment or order does not give the judgment debtor the choice of paying the assessed value of the goods, or an order is made under rule 46.9, the means of enforcing the order are by orders for –
   1. committal under Part 53;
   2. recovery of specified goods under Part 46; or
   3. sequestration of assets under Part 53.
7. The judgment creditor may obtain an order for sequestration of assets or committal under paragraph (5) or (6) only if the court has given a judgment or made an order requiring delivery within a specified time.

Enforcement of judgments and orders requiring person to do act within specified time or not to do act

45.6

1. A judgment or order which requires a person to –
   1. abstain from doing an act; or
   2. do an act within a specified time or by a specified date; may be enforced by an order under Part 53 for –
      1. committal; or
      2. sequestration of assets.

 Enforcement of judgments and orders requiring body corporate to do act within specified time or not to do act

45.7

1. If the court gives a judgment or makes an order under rule 45.6 which requires a body corporate to do or abstain from that act it may make an order under Part 53 for –
   1. committal or for sequestration of assets against an appropriate person; or
   2. sequestration of assets of the body corporate.
2. In this rule –
   • “appropriate person” means a director or other officer of the body corporate.