Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 33 RULE 3

3. (1) Where a person is alleged to have refused or failed to comply with an
order or agreement to which rule 2 applies, the person entitled to money
payable under the order or agreement, or a person entitled to take proceedings
for the purpose of enforcing the payment of those moneys or the forfeiture of
a recognizance may apply to a Registrar for the issue, of-

   (a)  a notice in accordance with Form 45; or

   (b)  a summons in accordance with Form 46.

(2) Upon receipt of an application for the issue of a notice under paragraph
(1) (a), the Registrar shall issue the notice.

(3) Upon receipt of an application for the issue of a summons under paragraph
(1) (b) the Registrar may issue such a summons if-

   (a)  in the case of an order or agreement referred to in paragraph 2 (1)
        (a), (b) or (c), the Registrar is satisfied that the person liable to
        make payments thereunder has refused or failed to do so in respect of
        a period of not less than 2 weeks; and

   (b)  in the case of an order referred to in paragraph 2 (1) (d), (e), (f)
        or (g) the Registrar is satisfied that the person against whom the
        order was made has refused or failed to comply with the order.

(4) A summons under this rule for the enforcement of an order of a kind
referred to in paragraph 2 (1) (e) may be issued by the Registrar of the court
that imposed the relevant fine or ordered the forfeiture of the relevant
recognizance and not otherwise.

(5) A summons under this rule, shall be served on the person to whom it is
addressed in a manner referred to in Order 18, paragraph 5 (1) (a), (b) or
(c).

(6) A person served with a summons under this rule shall not, without
reasonable excuse-

   (a)  fail to attend as required by the summons and then on such days and at
        such times as the court may direct;

   (b)  refuse or fail to be sworn;

   (c)  refuse or fail to answer a question on any matter relating to the
        refusal or failure to comply with the relevant order or agreement; or

   (d)  refuse or fail to produce a document that is required to be produced
        by the summons.

Penalty: $500.00.

(7) Where a person fails to attend before a court as required by a summons
under this rule duly served on that person, or on such days and at such times
as the court directs, the court may issue a warrant directing that the person
be taken into custody and brought before the court.

(8) The Registrar of the court that issues a warrant under sub-rule (7) shall
cause to be attached to the warrant-

   (a)  a sealed copy of the order in relation to which the warrant is issued;
        or

   (b)  a copy of that order certified by the Registrar to be a true copy of
        the sealed copy in the custody of the Registrar.

(9) Where a person attends before, or is brought before, a court, the court
may, on being satisfied that the person has refused or failed to comply with
an order or agreement to which rule 2 applies, make such of the following
orders as it thinks fit:

   (a)  an order for the payment of the arrears and any other unpaid portion
        of the moneys payable under the first-mentioned order or agreement;

   (b)  a garnishment order under rule 4;

   (c)  an order under rule 5 for the seizure and sale of personal property
        belonging to the person;

   (d)  an order under rule 6 that the estate of the person be sequestrated;

   (e)  an order under rule 7 for the sale of an interest in real property
        belonging to the person;

   (f)  such orders as it thinks necessary to enable enforcement of its orders
        or to prevent the dissipation of property or the wasting of assets.