ACTIn ForceRegulation
Court Procedures Rules
2109Enforcement hearing—examination
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2109 Enforcement hearing—examination
(1) This rule applies if a person—
(a) attends before the court at an enforcement hearing on an
enforcement hearing subpoena or a subpoena issued under
rule 2107 (Enforcement hearing—subpoena to other person); or
Rule 2109
(b) is brought before the court on an enforcement hearing warrant;
or
(c) otherwise attends by arrangement before the court.
(2) The person may—
(a) be examined orally on oath about—
(i) the assets, liabilities, expenses and income of the
enforcement debtor; and
(ii) any other means the debtor has of satisfying the debt; and
(iii) the debtor’s financial circumstances generally; and
(b) be required, by order, to produce any document substantiating
anything relevant to—
(i) the assets, liabilities, expenses and income of the
enforcement debtor; and
(ii) any other means the debtor has of satisfying the debt; and
(iii) the debtor’s financial circumstances generally.
(3) Unless the court otherwise orders, the examination may be conducted
by the court and the enforcement creditor.
otherwise ordering, a direction or a decision under this rule.
(4) The examination may be conducted in open court or in the absence of
the public, as the court directs.
(5) The court may adjourn an enforcement hearing from time to time and
may, by order, require a person required to attend or attending the
enforcement hearing (or an adjourned enforcement hearing) to attend
an adjourned enforcement hearing (or a further adjourned
enforcement hearing).
Rule 2110
(6) If the enforcement creditor has been told the date, time and place for
the enforcement hearing (or adjourned enforcement hearing), but
does not attend before the court, the court may—
(a) set aside the order for the enforcement hearing; or
(b) conduct the examination in the absence of the enforcement
creditor.
(7) To remove any doubt, if subrule (6) applies, the court may make an
order that it could make if that subrule did not apply.
(8) Without limiting rule 6016 (Application in proceeding—oral
otherwise orders on application by the enforcement creditor or
enforcement debtor or on its own initiative.