Queensland Consolidated Acts

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SUPREME COURT ACT 1995 - SECT 29

29 Mode of obtaining execution

(1) It shall be lawful for any judge of the Supreme Court upon the application of the person in whose favour such judgment decree rule or order was obtained or the person's attorney to issue a summons calling upon the person against whom such judgment decree rule or order was obtained to show cause within such time after personal or other service of the summons as such judge shall direct why execution should not issue upon such judgment decree rule or order and such summons shall give notice that in default of appearance execution may issue accordingly.

(2) If the person so summoned does not appear or does not show sufficient cause against such summons it shall be lawful for any judge of the Supreme Court or the said court on due proof of such service as aforesaid to order execution to issue as upon a judgment decree rule or order of the Supreme Court subject to such terms and conditions (if any) as to such judge or court may seem fit.

(3) Thereupon and subject thereto the person entitled to such execution shall have and be entitled to all such process and to all such rights and remedies for the enforcement thereof and the person against whom such execution is ordered shall in like manner be entitled to all such protective rights and advantages as they would respectively have been entitled to had such judgment decree rule or order been obtained in the Supreme Court and all such proceedings may be had or taken for the revival of such judgment decree rule or order or the enforcement thereof by and against persons not parties to such judgment decree rule or order as may be had for the like purposes upon any judgment decree rule or order of the Supreme Court.



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