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Court Procedures Rules
2110Enforcement hearing—enforcement hearing warrant
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2110 Enforcement hearing—enforcement hearing warrant
issue
(a) a person is required—
(i) to attend an enforcement hearing by an enforcement
hearing subpoena or a subpoena issued under rule 2107
(Enforcement hearing—subpoena to other person); or
(ii) to attend an adjourned enforcement hearing (or further
adjourned enforcement hearing) by an order under
rule 2109 (5) (Enforcement hearing—examination); and
(b) the person fails to attend the hearing as required by the order.
Rule 2111
(2) The court may issue a warrant (an enforcement hearing warrant)
ordering an enforcement officer to apprehend the person and bring
the person before the court to be examined at an enforcement hearing
under rule 2109 if the court—
(a) is satisfied that the person was served with the subpoena or was
otherwise aware that the person was required by the
enforcement hearing subpoena to attend the hearing as required
by the subpoena; and
(b) considers that the person does not have a reasonable excuse for
not attending the hearing.
Note See approved form 2.53 (Enforcement hearing warrant) AF2006-298.
(3) The court may issue the enforcement hearing warrant on application
by the enforcement creditor or on its own initiative.
enforcement hearing warrant.
(4) However, the enforcement hearing warrant may only be issued by the
judicial officer conducting the enforcement hearing.
(5) Also, the enforcement hearing warrant must not be issued earlier than
14 days or later than 3 months after the day the court has served notice
on the person that failure to attend may result in the person’s arrest.
(6) For the Magistrates Court Act 1930, section 73A, that Act,
person for whom an enforcement hearing warrant has been issued by
the Magistrates Court.