This is a mandatory form.*

If you are owed money, for example under a Family Court or Federal Circuit Court order, you can seek that the property of the person who owes you the money be sold to pay the debt. There are two ways to do this:

You should seek legal advice about the most appropriate method of enforcement in your case.

For the enforcement warrant to be enforceable, it must be signed, dated and sealed. The warrant remains in force for 12 months from the date of issue.

When you can request an Enforcement Warrant - Seizure & Sale of Property be issued

When you are owed an amount of money under an order, some agreements or a child support liability. Family Court Rule 20.01(2) and Federal Circuit Court Rule 25B.33 25B.07(2) specifies in detail the debts which can be enforced.

What you might need to do before requesting the Court issue an Enforcement Warrant - Seizure & Sale of Property

You may need to apply for an enforcement hearing to find out about the debtor's financial position before asking the court to issue an Enforcement Warrant - Seizure & Sale of Property. Further information can be obtained from the Brochure on Enforcement Hearings.
You may need to apply for an enforcement hearing to find out about the debtor's financial position before asking the court to issue an Enforcement Warrant - Seizure & Sale of Property. Further information can be obtained from the Brochure on Enforcement Hearings.

It is your responsibility to select an enforcement officer to action the enforcement warrant. You can use:

  • the Marshal/Sheriff or his delegate (section 38P Family Law Act); or
  • a person that you arrange to have appointed by the court as the enforcement officer. (It could for example be a local court bailiff, police officer, trustee in bankruptcy, a licensed private commercial agent or receiver.)

Court staff can tell you whether the Marshal has a delegate in the place you are seeking to have the warrant enforced. If not, you will have to find an appropriate person to be appointed as the enforcement officer. This is not the court's responsibility nor does the court keep a list of people approved to do this work.

To ask the Court to appoint a named person as an enforcement officer to action the warrant you must file an affidavit:

To ask the Court to appoint a named person as an enforcement officer to action the warrant you must file an affidavit:

  • setting out the facts relied upon by you to satisfy the court that the person is fit and proper to be appointed to execute an enforcement warrant;
  • setting out the proposed fees and expenses of the enforcement officer; and
  • attaching the written consent of the proposed enforcement officer.

Filing fee

Nil

What is to be filed when requesting the Court issue an Enforcement Warrant - Seizure & Sale of Property

The documents to be filed to obtain an enforcement warrant are:

  • Affidavit complying with Family Court Rules 20.06 and 20.16 or Federal Circuit Court Rules 25B.12 and 25B.22.
  • An undertaking to meet expenses of enforcement officer

At the same time you must provide the Court with three copies of the completed Enforcement Warrant - Seizure & Sale of Property.

What happens next

Your request for an enforcement warrant will be considered by a Registrar. If the Registrar issues the enforcement warrant a sealed copy will be given to you to give to the enforcement officer for action.

It is then your responsibility (not the Court's) to instruct the enforcement officer who will need the sealed copy of the warrant to act.

The enforcement officer may have other requirements such as that you sign an indemnity and make arrangements in relation to the payment of fees and expenses. For example, that you to pay a deposit on account or give an undertaking to pay any outstanding fees and expenses. You are entitled to recover the reasonable fees and expenses of the enforcement under the enforcement warrant.

Warrant against real property

If you wish to have the enforcement warrant executed against real property (land) you will need to comply with relevant rules before the enforcement officer can execute the warrant.

Under this rule you must:

  1. Register the warrant against the title deed. You will need to contact the Land Titles Office as to that Department's requirements for registration of the warrant against the land.
  2. Notify the debtor and others with an interest in the property such as a mortgagee of the information set out in the rules
  3. Provide the enforcement officer with the following information:
    • Proof that the warrant has been registered against the title.
    • Proof that you have notified the debtor and others(if any) of the information required under Family Court rule 20.23 (1) (a) or Federal Circuit Court Rule 25B.31(1)(a).
    • The residential address of the subject land to be sold ie. Number, street, suburb, etc
    • Land Titles office search.
    • Details of costs.
    • A current market appraisal by a real estate agent.

The enforcement officer may also ask you to supply details such as the amount, if any, of Council Rates outstanding, the amount owing under any mortgage on the property.

What happens after the enforcement warrant is actioned by the enforcement officer

From the money received by the enforcement officer (when executing the warrant) the following must be paid:

  1. to the enforcement officer - any amount still owing for the reasonable fees and expenses of the enforcement;
  2. to you, any balance up to the amount owed under the enforcement warrant;
  3. to the debtor, any balance.

If there is no or insufficient property to seize and sell to pay the amount owing under the enforcement warrant, the enforcement officer will report this.

An enforcement officer must report in writing to the Registry Manager as to the result of the enforcement process. A copy of this report must be given to you.

What is filed in response to an enforcement warrant

An enforcement warrant is generally issued without notice to the debtor. However once the warrant has been issued a person affected by the warrant or by the seizure or sale of the property seized under the warrant can apply to the Court for relief, for example to set aside the warrant.

More information

For more information about enforcement hearings refer to the brochure Enforcement Hearings.

For more information about enforcement hearings refer to the brochure Enforcement Hearings.

Read Part 20.3 of the Family Court Rules or 25B.33 of the Federal Circuit Court Rules.

In completing a Court form, you must*

Complete the form by typing or hand printing in ink.

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Are you having trouble understanding legal words used in these forms?

NOTE: LawTermFinder allows searches in the following languages: العربية | Arabic, 简体中文 | Simplified Chinese, 繁體中文 | Traditional Chinese,
한국어 | Korean, Español | Spanish, Tiếng Việt | Vietnamese.