A judgment creditor in the Federal Court, by reason of
section 53 of the Federal
Court of Australia Act 1976 and Order 37 rule 7 of the Federal
Court Rules, has the
same remedies for enforcement of a Federal Court judgment
or order as exist in the State Supreme Court. The modes
of procedure and forms of the Supreme Court of the state
in which the judgment or order is sought to be enforced
shall be available and followed in the Court, so far
as is practicable mutatis mutandis for the enforcement
of orders of the Court.
Enforcement proceedings in the Supreme Court of Queensland
are contained in the Uniform
Civil Procedure Rules 1999 Qld (UCPR), in particular:
Chapter 19 Enforcement of money orders;
and
Chapter 20 Enforcement of non-money orders.
Documents to be filed
To file an application in the Federal Court for enforcement
of a Federal Court judgment or order, the following
documents should be filed:
Application. The application shall be in Form
9 UCPR, modified for the Federal Court.
Any other documents as required by the relevant
provision of the UCPR eg affidavits or
statements in support.
Warrant in triplicate in a form prescribed by
the UCPR.
Claim for interest and costs
Refer to Order 35 rule 8 of the Federal
Court Rules for interest in respect of
Federal Court judgments. Costs payable
to the Sheriff for execution of process
are contained in items 17 and 18 of Schedule
1 to the Federal
Court of Australia Regulations 2004. Solicitor's costs for work performed
for the enforcement application are calculated
on an individual item basis having regard
to the fees contained in the Second Schedule
to the Federal Court Rules.
Filing fee
A filing fee is payable pursuant to item 1 of
the Federal Court of Australia Regulations
2004 for an application for an enforcement order.
Security for Sheriff's costs
Depending on the nature of the enforcement
application, security for costs may be
required from the applicant in anticipation of the
Sheriff's enforcement costs.
Processing of application
Registrars have been given delegation to
deal with enforcement applications consistent
with the powers of the Registrar of the
Supreme Court of Queensland as contained in chapters
19 and 20 UCPR. When an enforcement warrant
issues it is referred to the Sheriff of
the Court and the procedure contained in the
UCPR will apply.
Any information that enforcement creditors
can provide to the Sheriff to assist the enforcement
proceedings should be included in a letter
accompanying the application eg the nature and
location of assets.
Urgent matters
If the application is urgent, a letter outlining
the reason for the urgency must be
provided to the registry at the time the application
is lodged.
