QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.815Failure or refusal in relation to statement of financial position or enforcement hearing
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### sec.815 Failure or refusal in relation to statement of financial position or enforcement hearing
This rule applies if—
an enforcement hearing summons requires an enforcement debtor to complete and return a statement of financial position in the approved form; and
the enforcement debtor or the person to whom the summons is directed fails, without lawful excuse, to return the completed statement of financial position.
This rule also applies if a person summoned or subpoenaed to attend an enforcement hearing—
attends before the court and without lawful excuse—
refuses to be sworn or to affirm; or
refuses to answer a question put to the person that the court directs be answered; or
fails to give an answer to the court’s satisfaction; or
fails or refuses to produce the documents or things stated in the summons; or
fails or refuses to attend at the time and place stated in the summons or subpoena.
The court may treat the person’s refusal or failure as a contempt of court.
In this rule—
lawful excuse includes a lawful claim of privilege.
r 815 amd 2000 SL No. 127 s 70
sub 2010 SL No. 129 s 14
(sec.815-ssec.1) This rule applies if— an enforcement hearing summons requires an enforcement debtor to complete and return a statement of financial position in the approved form; and the enforcement debtor or the person to whom the summons is directed fails, without lawful excuse, to return the completed statement of financial position.
(sec.815-ssec.2) This rule also applies if a person summoned or subpoenaed to attend an enforcement hearing— attends before the court and without lawful excuse— refuses to be sworn or to affirm; or refuses to answer a question put to the person that the court directs be answered; or fails to give an answer to the court’s satisfaction; or fails or refuses to produce the documents or things stated in the summons; or fails or refuses to attend at the time and place stated in the summons or subpoena.
(sec.815-ssec.3) The court may treat the person’s refusal or failure as a contempt of court.
(sec.815-ssec.4) In this rule— lawful excuse includes a lawful claim of privilege.
- (a) an enforcement hearing summons requires an enforcement debtor to complete and return a statement of financial position in the approved form; and
- (b) the enforcement debtor or the person to whom the summons is directed fails, without lawful excuse, to return the completed statement of financial position.
- (a) attends before the court and without lawful excuse— (i) refuses to be sworn or to affirm; or (ii) refuses to answer a question put to the person that the court directs be answered; or (iii) fails to give an answer to the court’s satisfaction; or (iv) fails or refuses to produce the documents or things stated in the summons; or
- (i) refuses to be sworn or to affirm; or
- (ii) refuses to answer a question put to the person that the court directs be answered; or
- (iii) fails to give an answer to the court’s satisfaction; or
- (iv) fails or refuses to produce the documents or things stated in the summons; or
- (b) fails or refuses to attend at the time and place stated in the summons or subpoena.
- (i) refuses to be sworn or to affirm; or
- (ii) refuses to answer a question put to the person that the court directs be answered; or
- (iii) fails to give an answer to the court’s satisfaction; or
- (iv) fails or refuses to produce the documents or things stated in the summons; or