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Enforce an order or judgment
NoteThis page is for enforcement procedures under the Rules of Court 2021, which apply to civil proceedings which are commenced on or after 1 April 2022.
This page also applies to enforcement proceedings commenced on or after 1 April 2022, for orders obtained in the Small Claims Tribunals or Employment Claims Tribunals.
For enforcement procedures under the Rules of Court 2014, which apply to civil proceedings which are commenced before 1 April 2022, click here.
If you are uncertain as to which version of the Rules of Court applies to your matter, click here.
What enforcement means
The court may make an order or judgment requiring a person to pay money, to do or to stop doing an act or to perform a duty at any stage of an action, whether after trial or hearing or otherwise. When such an order is made or judgment is given, the court must give that person a reasonable time to comply with the order or judgment unless the court intends for these to be performed on the day that the order is given. Where there is no time specified, it is deemed that the order requires immediate compliance.
Where the party fails to comply with a court order or judgment within the time specified, a party seeking to enforce the order or judgment may take out a single application for one or more methods of enforcement and is known as the enforcement applicant. A party against whom an enforcement order is sought or made is the enforcement respondent. A non-party refers to a person against whom an enforcement order for attachment of a debt is issued to attach a debt due from the non-party to the enforcement respondent (i.e., an enforcement order for attachment of debt under the Rules of Court 2021).
Enforcement procedures under the Rules of Court 2014 will continue to apply to civil proceedings which are commenced before 1 April 2022.
Generally, enforcement procedures under the Rules of Court 2021 will only apply to civil proceedings which are commenced on or after 1 April 2022.
For the enforcement of orders obtained in the Small Claims Tribunals or Employment Claims Tribunals, the Rules of Court 2021 will apply to enforcement proceedings commenced on or after 1 April 2022.
For the enforcement of orders obtained in the Community Disputes Resolution Tribunals (CDRT) or Protection from Harassment Court (Simplified Proceedings) (PHC (Simplified)), enforcement procedures under the Rules of Court 2021 will apply to CDRT or PHC (Simplified) proceedings which are commenced on or after 1 April 2022.
If you are the enforcement applicant, you should consider the following before you decide to proceed with enforcing an order:
- Whether it is worthwhile to pursue enforcing the order.
- You will have to spend time and effort to make the necessary applications to enforce the order and there is no guarantee that you will be able to recover anything from the enforcement respondent.
- Whether you are willing to pay the fees for enforcing the order.
- In general, the fees paid to the courts in enforcement proceedings are non-refundable. You may however be able to recover the fees from the enforcement respondent.
- Whether the enforcement respondent is able to pay you.
- You may search if the other party is involved in any bankruptcy, winding up, receivership or judicial management proceedings at the LawNet and CrimsonLogic Service Bureau.
- If the other party is involved in any such proceedings, you should seek legal advice on the available courses of action.
- Whether other enforcement actions are pending against the enforcement respondent.
In all civil claims, if you are the enforcement applicant, you are responsible for enforcing the order or judgment. The courts are not responsible for the commencement of enforcement proceedings.
NoteThis page is for enforcement procedures under the Rules of Court 2021, which apply to civil proceedings which are commenced on or after 1 April 2022.
This page also applies to enforcement proceedings commenced on or after 1 April 2022, for orders obtained in the Small Claims Tribunals or Employment Claims Tribunals.
For enforcement procedures under the Rules of Court 2014, which apply to civil proceedings which are commenced before 1 April 2022, click here.
If you are uncertain as to which version of the Rules of Court applies to your matter, click here.
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