Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 2109

    (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

        (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

Note     Oath includes affirmation (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, dict, pt 1).

        (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.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order 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).

    (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 application), an application at the enforcement hearing (including an application under this subrule) may be made orally, unless the court otherwise orders on application by the enforcement creditor or enforcement debtor or on its own initiative.