Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 2103

    (1)     If the court orders that an enforcement hearing be held, the court must—

        (a)     set a date for the enforcement hearing; and

        (b)     by subpoena (an enforcement hearing subpoena ), require the addressee for the subpoena—

              (i)     to complete, swear and file a statement of the enforcement debtor's financial position in accordance with rule 2106; and

              (ii)     to attend before the court, at the time and place stated in the order—

    (A)     to answer questions and give information; and

    (B)     to produce the documents or other things (if any) stated in the order.

Note 1     See approved form 2.51 (Enforcement hearing subpoena) AF2006-296

Note 2     An enforcement hearing subpoena may direct the addressee for the subpoena and the enforcement creditor to meet to attempt to settle payment of the order debt (see r 2108 (Enforcement hearing—meeting of parties)).

    (2)     The date set for the enforcement hearing must be at least 21 days after the day the enforcement hearing subpoena is issued.

    (3)     To remove any doubt—

        (a)     the court may, by enforcement hearing subpoena, require 2 or more people to attend before the court, at the same time and place, in relation to an order debt; and

        (b)     part 6.9 (Subpoenas) applies to an enforcement hearing subpoena with any necessary changes and any changes provided by these rules.