Enforcement of an Order

A party wanting to enforce a Federal Court judgment, should be familiar with:

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”).

Supreme Courts

Supreme Court of the Australian Capital Territory

Supreme Court of New South Wales

Supreme Court of the Northern Territory

Supreme Court of Queensland

Supreme Court of South Australia

Supreme Court of Tasmania

Supreme Court of Victoria

Supreme Court of Western Australia

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.