NSW UCPR [Form 164] Writ of Sequestration ➲ Contempt of Court

New South Wales

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When is a NSW UCPR [Form 164] Writ of Sequestration ➲ Contempt of Court used?

The Court may issue this [Form 164] Writ of Sequestration:

⚖️ If in its own discretion it finds anyone in Contempt of Court; or

⚖️ Upon application for leave to issue a Writ of Sequestration by a party using a [Form 20] Notice of Motion.

40.3 Leave for Issue: Sequestration

(cf SCR Part 44, rule 3)

(1) A writ of sequestration may not be issued except by leave of the court.
(2) An applicant for leave under this rule--
(a) must file notice of motion, and
(b) must serve the notice, and any affidavit in support of the motion, personally on the person whose property is sought to be sequestrated.
(3) The court may dispense with service under subrule (2)(b).

See UCPR 40.3 for more information.

Contempt includes Non-compliance with a Subpoena

Note: Contempt of Court includes a situation where a person has refused to comply with a Subpoena.

See UCPR 33.12 for more information.

The Writ Authorises ➲ The Sheriff of NSW and all Sheriff's Officers

You are authorised – 

1️⃣ To enter on all the real property whatsoever of [name of person in default]; and 

2️⃣ To collect, receive and sequester all the rents and profits of that real property; and 

3️⃣ To collect, receive and sequester all the personal property of [name of person in default]. 

4️⃣ And you are further authorised to keep this property under sequestration until [name of person in default] is to [specify act or acts required] to clear the contempt and the Court makes an order to the contrary. 

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005.

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