Enforcement of an Order
A party wanting to enforce a Federal Court judgment, should be familiar with:
- the Court’s Enforcement, Endorsement and Contempt Practice Note (GPN-ENF).
- s 53 of the Federal Court of Australia Act 1976 (Cth)
- r 41.10 of the Federal Court Rules 2011 (Cth)
- the Request for Enforcement form
- the rules and procedures of, and any documentation required by, the relevant Supreme Courts.
Enforcement of a Federal Court judgment commences in the Federal Court with the filing of the Federal Court’s Request for Enforcement form (“Request for Enforcement”) and supporting documentation.
Once the relevant procedural steps set out in Part 3 of the Enforcement, Endorsement and Contempt Practice Note have been undertaken and the enforcement process has been issued by the Federal Court, the party seeking to enforce the Federal Court judgment then utilises the enforcement procedures of the relevant Supreme Court, which can be found of the relevant court website.
A person who has obtained a Federal Court judgment has the same remedies for enforcement of that judgment as exist in the Supreme Court of the State or Territory in which the Federal Court judgment is made (“relevant Supreme Court”).
Methods of enforcement
The various methods of enforcement include:
- writ / warrant for seizure and sale of property
- order for possession of land or delivery of goods
- charging order (eg. charge over shares or money in a financial institution)
- redirection / attachment / garnishee of debts or earnings / instalment order
- enforcement hearing / oral examination / means of inquiry.