Queensland Consolidated Acts

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SUPREME COURT ACT 1995 - SECT 39

39 Order of judge to be made in the first instance ex parte and on notice to the bank or company etc. to operate as a distringas

(1) And in order to prevent any person against whom judgment shall have been obtained from transferring receiving or disposing of any annuities funds stock shares or deposits hereby authorised to be charged for the benefit of the judgment creditor under an order of a judge as aforesaid every order of a judge charging any annuities funds stock or shares in any such public company or any deposit in any such bank under this part may be made in the first instance ex parte and without any notice to the judgment debtor and shall be an order to show cause only and such order if any annuities funds stock shares or deposits standing in the name of the judgment debtor in the judgment debtor's own right or in the name of any person in trust for the person is to be affected by such order shall restrain such public company and the accountant and cashier of every such bank from permitting the transfer or disposal thereof and if after notice of such order to the person or persons to be restrained thereby or in case of corporations to any authorised agent of such corporation and before the same order shall be discharged or made absolute such corporation or person or persons shall permit any such transfer or disposal to be made then and in such case the corporation or person or persons so permitting such transfer or disposal shall be liable to the judgment creditor for the value or amount of the property so charged or so transferred or disposed of or such part thereof as may be sufficient to satisfy the judgment and no disposition of the judgment debtor in the meantime shall be valid or effectual as against the judgment creditor and further unless the judgment debtor shall within a time to be mentioned in such order show to a judge of the said court sufficient cause to the contrary the said order shall after proof of notice thereof to the judgment debtor the judgment debtor's attorney or agent be made absolute.

(2) However, any such judge shall upon application of the judgment debtor or any person interested have full power to discharge or vary such order and to award such costs upon such application as the judge may think fit.



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