Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 7 August 2020 at 20:01)
Part 40 Division 2
Division 2 Provisions applicable to the Supreme Court, Land and Environment Court and District Court
40.5   Application of Division
This Division applies to judgments and orders of the Supreme Court, the Land and Environment Court or the District Court (in this Division referred to simply as judgments), and so applies in addition to the provisions of Part 8 of the Civil Procedure Act 2005.
Note.
 Under the District Court Act 1973, the powers conferred on the Supreme Court by this Division may also be exercised by the District Court in relation to certain judgments and orders of the District Court.
40.6   Doing or abstaining from doing an act
(cf SCR Part 42, rule 6)
(1)  This rule applies in the following circumstances—
(a)  if—
(i)  a judgment requires a person to do an act within a time specified in the judgment, and
(ii)  the person fails to do the act within that time or, if that time is extended or abridged, within that time as extended or abridged,
(b)  if—
(i)  a judgment requires a person to do an act forthwith, or forthwith on a specified event, and
(ii)  the person fails to do the act as so required,
(c)  if—
(i)  a judgment requires a person to abstain from doing an act, and
(ii)  the person disobeys the judgment,
but does not apply to a judgment for the payment of money (including a judgment for the payment of money into court).
(2)  In circumstances to which this rule applies, a judgment may be enforced by one or more of the following means—
(a)  committal of the person bound by the judgment,
(b)  sequestration of the property of the person bound by the judgment,
(c)  if the person bound by the judgment is a corporation—
(i)  committal of any officer of the corporation, and
(ii)  sequestration of the property of any officer of the corporation.
40.7   Service of copy of judgment before committal or sequestration
(cf SCR Part 42, rule 8)
(1)  A judgment is not enforceable by committal or sequestration unless—
(a)  a sealed copy of the judgment is served personally on the person bound by the judgment, and
(b)  if the judgment requires the person to do an act within a specified time, the sealed copy is so served within that time or, if that time is extended or abridged, within that time as extended or abridged.
(2)  If the person is a corporation, the judgment is not enforceable by committal of an officer of the corporation or by sequestration of the property of an officer of the corporation unless, in addition to service under subrule (1)—
(a)  a sealed copy of the judgment is served personally on the officer, and
(b)  if the judgment requires the corporation to do an act within a specified time, the sealed copy is so served before that time expires.
(3)  The sealed copy of the judgment must bear a notice (naming the persons concerned) that the person served is liable to imprisonment or to sequestration of property—
(a)  where the judgment requires the person to do an act within a specified time, if the person fails to do the act within that time, or
(b)  where the judgment requires the person to do an act forthwith or forthwith on a specified event, if the person fails to do the act as so required, or
(c)  where the judgment requires the person to abstain from doing an act, if the person disobeys the judgment.
(4)  If a person liable to committal or sequestration by way of enforcement of a judgment has notice of the judgment—
(a)  by being present when the judgment is directed to be entered, or
(b)  by being notified of the terms of the judgment, whether by telephone, telegram or otherwise,
the judgment may be enforced against that person by committal or sequestration without service having been effected in accordance with this rule.
(5)  The court may dispense with service under this rule.
(6)  This rule does not apply to a committal or sequestration arising from a failure to comply with the requirements of a subpoena.
40.8   Substituted performance
(cf SCR Part 42, rule 9)
If a judgment requires a person to do an act and the person does not do the act, the court—
(a)  may direct that the act be done by a person appointed by the court, and
(b)  may order the person to pay the costs incurred pursuant to the direction.