Administrative Notice QLD 2
This Administrative Notice is REVOKED
There will no longer be any administrative state-based notices.
To assist Court users to understand the changes to the practice documents, the Court has prepared:
Enforcement of Federal Court orders or judgments
Queensland District Registry
1. A judgment creditor in the Federal Court, by reason of section 53 of the Federal Court of Australia Act 1976 and Rule 41.10 of the Federal Court Rules 2011, 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.
2. 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
3. To file an application in the Federal Court for enforcement of a Federal Court judgment or order, the following documents should be filed:
- Application - 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
4. Refer to Rule 39.06 of the Federal Court Rules 2011 for interest in respect of Federal Court judgments. Costs payable to the Sheriff for execution of process are contained in Schedule 1 to the Federal Court and Federal Circuit Court Regulation 2012. Lawyers costs for work performed for the enforcement application are calculated on an individual item basis having regard to the fees contained in Schedule 3 to the Federal Court Rules 2011.
Security for Sheriff's costs
5. 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. (Rule 41.52)
Processing of application
6. Registrars have been given a 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 of the UCPR. When an enforcement warrant issues, it is referred to the Sheriff of the Court and the procedure contained in the UCPR will apply.
7. 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.
8. 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.
12 April 2013