ACTIn ForceRegulation
Court Procedures Rules
2106Enforcement hearing—statement of enforcement debtor’s
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2106 Enforcement hearing—statement of enforcement debtor’s
financial position
(1) At least 8 days before the date set for the enforcement hearing, the
addressee for the enforcement hearing subpoena must file in the court
a sworn statement of the enforcement debtor’s financial position.
Note See approved form 2.52 (Statement of enforcement debtor's financial
position) AF2006-297.
(2) If the enforcement debtor receives regular payments (for example,
wages or social security benefits), the statement of financial position
must include—
(a) the dates the last 4 payments were received; and
(b) if the payments were paid to the enforcement debtor by payment
into an account with a financial institution—a statement to that
effect, and the account number and any other details necessary
to identify the account.
(3) The registrar must give a copy of the statement to the enforcement
creditor at least 5 days before the date set for the enforcement hearing.
Rule 2107
(4) If the enforcement creditor is satisfied with the information in the
statement, the enforcement creditor may give notice to the addressee
for the subpoena and the registrar that the addressee is no longer
required to attend the enforcement hearing.
(5) If the enforcement hearing subpoena is issued by the court and the
addressee for the subpoena, without reasonable excuse, contravenes
the subpoena by failing to complete, swear or file a statement of the
enforcement debtor’s financial position in accordance with this rule,
the addressee may be dealt with for contempt of court.
(6) Subrule (5) does not limit any other power of the court in relation to
Note Failure to answer a question or give information in a legal proceeding
may be an offence (see Criminal Code, s 722).