Commonwealth Numbered Regulations

1994 No. 357 INDUSTRIAL RELATIONS COURT RULES - ORDER 35 RULE 11

11. (1) Where:

   (a)  a person (whether a party or not) gives an undertaking to the Court to
        do or refrain from doing any act or to pay any sum of money; and

   (b)  the person fails to fulfil the undertaking; any party may move on
        notice for a judgment or order requiring that person to do or refrain
        from doing the act in question, or to pay the sum of money in
        question.

(2) The Court, on being satisfied that the undertaking was binding on the
person, shall make the order referred to in subrule (1).

(3) The Court may be informed of an undertaking to the Court in the
proceedings by (amongst other things) reference to a note made by the Judge,
Judicial Registrar or Registrar before whom the undertaking was given or by an
associate or other proper officer.

(4) This rule does not affect the powers of the Court to punish a person for
contempt.