Relevant Articles
Enforcement of Family Court Orders
There are a number of options available to a person to enforce orders under a Family Court Order. If the order is in the nature of an "injunctive" order the most appropriate mechanism for enforcement would be the filing of a contempt application that required the offending party to be arrested and either fined or in severe cases imprisoned.
Orders often require someone to pay money to another person.
The enforcement processes of the Family Court reflect the structure and enforcement mechanisms of the State Courts. Within Division 20 of the Family Law Rules 2004 there is provision for:
- Enforcement hearings (also called an examination summons)
- Enforcement warrants - for the seizure and sale of assets including real property
- Third party debt notices - also referred to in the state regimes as garnishee orders
- Appointment of a receiver - for the management and sale of an asset or business
Rule 20.59 of the Family Law rules 2004, provides that if an order is made in favour of a person who is not a party to a case, the person may enforce the order as if the person were a party.
Like any Court, strict compliance with the Family Law Rules and use of the appropriate Court forms is a necessary prerequisite for the successful issue of the appropriate orders. Usually there is no filing fee payable, however the applicant will need to provide an undertaking or "security" to meet the expenses of the enforcement officer.
The Court has the power to impose sanctions for failure to comply with orders. Under section 114 of the Family Law Act the Court may make orders such as a Mandatory Injunction (that is an order requiring a party to do or to cease doing a certain act or acts). The sanctions the court may impose for failure to comply with its orders include, in section 112 AD (2) the following:
- a bond
- a fine of not more than 60 penalty units and
- imprisonment
|
|
You want to know your Sydney lawyer is professional, has proven results and saves you money. Discover what makes the Streeterlaw legal team different… More > |
To help you we need to know your story. The Streeterlaw team will give you an honest opinion so you’ll know your options … More >
|
While your own situation is unique these Australian stories will help you know what to expect. Real stories with proven results … More > |
|
