New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 38.3

38.3 Orders for examination

(cf DCR Part 25, rules 1 and 3; LCR Part 28, rules 1 and 2)

(1) In the case of a judgment or order of any court other than the Supreme Court, the court may not make an order for examination against the person bound by the judgment or order unless it is satisfied that the person--

(a) has been served with an examination notice in accordance with rule 38.1, and

(b) has failed, within the time limited by the notice--

(i) to provide any or sufficient answers to the questions specified in the notice, or

(ii) to produce any or sufficient documents for inspection by the judgment creditor,

as to any material questions.

(2) An order for examination must specify the time, date and place at which the person bound by the judgment or order is required to attend for examination.

(3) An order for examination must be served on the person bound by the judgment or order at least 14 days before the day on which he or she is required to attend for examination.

(4) A court that has made an order for examination may not, within 3 months after the order is made, make a further order for examination of the same person, on the application of the same person and in relation to the same judgment or order.

(5) A person may refuse to produce a document or thing in response to an order for examination if the person could lawfully refuse to produce that document or thing on a subpoena for production.