QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sch.1A-sec.11.10Default in relation to examination
Start here
Get a plain-English read of sch.1A-sec.11.10
Turn the raw legal text into a practical explanation grounded in Uniform Civil Procedure Rules 1999.
### sch.1A-sec.11.10 Default in relation to examination
This rule applies if a person is summoned or ordered by the court to attend for examination, and—
without reasonable cause, the person—
fails to attend at the time and place appointed; or
fails to attend from day to day until the conclusion of the examination; or
refuses or fails to take an oath or make an affirmation; or
refuses or fails to answer a question that the court directs the person to answer; or
refuses or fails to produce books that the summons requires the person to produce; or
fails to comply with a requirement by the court to sign a written record of the examination; or
before the day fixed for the examination, the person who applied for the summons or order satisfies the court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond.
The court may—
issue a warrant for the arrest of the person summoned or ordered to attend for examination; and
make any other orders that the court thinks just or necessary.
sch 1A r 11.10 ins 2000 SL No. 232 s 3
(sch.1A-sec.11.10-ssec.1) This rule applies if a person is summoned or ordered by the court to attend for examination, and— without reasonable cause, the person— fails to attend at the time and place appointed; or fails to attend from day to day until the conclusion of the examination; or refuses or fails to take an oath or make an affirmation; or refuses or fails to answer a question that the court directs the person to answer; or refuses or fails to produce books that the summons requires the person to produce; or fails to comply with a requirement by the court to sign a written record of the examination; or before the day fixed for the examination, the person who applied for the summons or order satisfies the court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond.
(sch.1A-sec.11.10-ssec.2) The court may— issue a warrant for the arrest of the person summoned or ordered to attend for examination; and make any other orders that the court thinks just or necessary.
- (a) without reasonable cause, the person— (i) fails to attend at the time and place appointed; or (ii) fails to attend from day to day until the conclusion of the examination; or (iii) refuses or fails to take an oath or make an affirmation; or (iv) refuses or fails to answer a question that the court directs the person to answer; or (v) refuses or fails to produce books that the summons requires the person to produce; or (vi) fails to comply with a requirement by the court to sign a written record of the examination; or
- (i) fails to attend at the time and place appointed; or
- (ii) fails to attend from day to day until the conclusion of the examination; or
- (iii) refuses or fails to take an oath or make an affirmation; or
- (iv) refuses or fails to answer a question that the court directs the person to answer; or
- (v) refuses or fails to produce books that the summons requires the person to produce; or
- (vi) fails to comply with a requirement by the court to sign a written record of the examination; or
- (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond.
- (i) fails to attend at the time and place appointed; or
- (ii) fails to attend from day to day until the conclusion of the examination; or
- (iii) refuses or fails to take an oath or make an affirmation; or
- (iv) refuses or fails to answer a question that the court directs the person to answer; or
- (v) refuses or fails to produce books that the summons requires the person to produce; or
- (vi) fails to comply with a requirement by the court to sign a written record of the examination; or
- (a) issue a warrant for the arrest of the person summoned or ordered to attend for examination; and
- (b) make any other orders that the court thinks just or necessary.