What happens to seized property if my ex eventually complies with the order?
In Plain English
If a court order has been made for you to hand over property, and an enforcement officer has seized property because you didn't comply, but you eventually do comply with the original order, the court can order that the seized property be returned to you. However, the court may deduct the costs of enforcement from the property before it is returned, as stated in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
Detailed Explanation
According to rule 11.58 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021:
- If a respondent (your ex) complies with the order after property has been seized, or is released from compliance, the court has the power to order that the seized property be returned to the respondent.
- However, the court may deduct the costs of enforcement from the property before it is returned. This means that you may not get back the exact same property or amount if costs were incurred in seizing and detaining it.