Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 20.10

Processes for obtaining financial information
(1)
Before applying for an enforcement order, a payee may:

(a)
give a payer a written notice requiring the payer to complete and serve a Financial Statement (Form 13) within 14 days after receiving the notice; or

(b)
by filing an Application in a Case (Form 2) and an affidavit that complies with rule 20.06, apply for an order, without notice to the respondent:

(i)
requiring the payer to complete and file a Form 13; or
(ii)
requiring the payer to disclose information or produce to the payee copies of documents relevant to the payer's financial affairs.
(2)
A Registrar may hear an application under subrule (1), in chambers, in the absence of the parties, on the documents filed.

Note
An enforcement hearing does not have to be held before the court makes an enforcement order. The purpose of an enforcement hearing is to obtain information to help the enforcement of an order or other obligation and, if applicable, to help the court to determine a dispute or issue an enforcement order.



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