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Federal Courts Rules

Version of section 458 from 2006-03-22 to 2022-01-12:

Marginal note:Order for interim charge and show cause

  •  (1) On the ex parte motion of a judgment creditor, the Court may, for the purpose of enforcing an order for the payment of an ascertained sum of money,

    • (a) make an order imposing an interim charge for securing payment of that sum and any interest thereon

      • (i) on real property or immoveables, or on an interest in real property or immoveables, of a judgment debtor, in Form 458A, or

      • (ii) on any interest to which the judgment debtor is beneficially entitled in any shares, bonds or other securities specified in the order, in Form 458B; and

    • (b) order the judgment debtor to show cause, at a specified time and place, why the charge should not be made absolute.

  • Marginal note:Service of show cause order

    (2) Unless the Court directs otherwise, an order made under subsection (1) shall be served on the judgment debtor and, where the order relates to property referred to in subparagraph (1)(a)(ii), on the corporation, government or other person or entity by whom the securities were issued, at least seven days before the time appointed for the hearing.

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