What kind of property can the court seize if my ex-partner isn't following an order?

In Plain English

If your ex-partner isn't following a court order, the court can issue a warrant that allows an enforcement officer to seize and hold pretty much any of their real estate or personal belongings. There are some exceptions, called "prescribed property" but the definition of that term is not in the context. If your ex-partner then follows, or is excused from following, the original order, the court might order their seized property to be returned, but only after deducting any costs that were incurred in enforcing the original order.

Detailed Explanation

When a respondent fails to comply with a court order, the court has powers to enforce the order. According to Rule 11.58(1) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, the order may seek a warrant authorising an enforcement officer to seize and detain all real and personal property (other than prescribed property) in which the respondent has a legal or beneficial interest.

Rule 11.58(2) states that if the respondent complies with the order or is released from compliance, the court may order that the property be returned to the respondent, after the costs of enforcement have been deducted.