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Uniform Civil Procedure Rules - Form 863

By Todd Ellis,2014-04-01 19:12
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Uniform Civil Procedure Rules - Form 863

    i COURT OF QUEENSLAND SUPREME

    REGISTRY:

    NUMBER:

    2Plaintiff: (As per Claim)

     AND

     3[First] Defendant (As per Claim)

     AND

[Second Defendant] (As per Claim)

     4 ENFORCEMENT WARRANT DELIVERY OF GOODS

Person entitled to possession

    [and enforcement creditor]: (Name)

Person required to comply with

    order [and enforcement debtor]: (Name)

JUDGEMENT

    By Judgment of the court dated (date), it was ordered that (description of goods) be delivered to (name of person entitled to goods) (or as the case may be). [On (date) the value of the goods was assessed at $ (amount).

The amount outstanding by the person required to comply with the order [/enforcement 5debtor] is as follows: -

    Judgment amount (including costs, if any) $

    Less payments $________

     $

    Plus interest accrued to (date) $

     6Costs of preparing warrant $________

     $

_________________________________________________________________________

    ENFORCEMENT WARRANT

    DELIVERY OF GOODS Name:

    Filed on Behalf of the (party) Address:

    Form 86 Rule 916 Phone No:

     Fax No:

    Plus interest thereafter at $ per day

    [calculated at % pursuant to (authority)] $

    Plus interest thereafter at $ per day

    [calculated at % pursuant to (authority)] $

    Plus enforcement officer’s fees $

    Plus other incidental expenses

    (poundage, storage, advertising expenses etc.) $________

    Total owing $________

TO ENFORCEMENT OFFICER:

    - [You are to seize the goods and deliver then to the person entitled to the goods].

    OR

    - [If the person against whom the judgment is given does not exercise the option

    to pay the assessed value of the goods seize the goods and deliver them to

    the person entitled to the goods.]

This warrant expires on (date).

This warrant was issued at a.m./p.m. on / / .

NOTICE TO PERSON ENTITLED TO GOODS

A copy of this warrant must be filed.

NOTICES TO PERSON REQUIRED TO COMPLY WITH THE ORDER

    You may apply to the court to set this warrant aside or to stay its enforcement at any time.

    Registrar: (Registrar to sign and seal)

     Dated:

Note

     i. For an application in the District Court or a Magistrates Court, substitute “District Court” or

    “Magistrates Courts” respectively.

    2 For proceedings commenced by Originating Application for “Plaintiff” substitute “Applicant”

    3 For proceedings commenced by Originating Application for “Defendant” substitute “Respondent”

    4 If the enforcement warrant also provides for the enforcement of a related money order, insert the

    notices to the enforcement officer, enforcement debtor and enforcement creditor etc, applicable to

    the relevant enforcement warrant under Chapter 19.

    5 Omit if not applicable

    6 Solicitors costs as noted in Scale of Costs Supreme Court item 22, District Court item 94,

    Magistrates Court item 14(a)

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