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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.
(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.
Note: Contempt of Court includes a situation where a person has refused to comply with a Subpoena.
See UCPR 33.12 for more information.
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.
✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005.
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