Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 808

808 Enforcement hearing after money order is made

(1) An enforcement creditor may, without notice to another party, apply to the court, including the court as constituted by a registrar, for an enforcement hearing.

(2) The application may be made only after—

(a) a money order is made; and

(b) the enforcement creditor has, under rule 807 , required a statement of financial position to be completed and returned by the enforcement debtor in relation to whom the enforcement hearing is sought; and

(c) either—

(i) a completed statement of financial position has been returned to the enforcement creditor; or

(ii) the time for returning a completed statement of financial position has expired.

(3) The application must be supported by an affidavit that states the following—

(a) the unpaid amount of the money order;

(b) whether the enforcement creditor has received a completed statement of financial position from the enforcement debtor;

(c) if the enforcement creditor has received a completed statement of financial position from the enforcement debtor, why the enforcement creditor is not satisfied with the information given in the statement.

(4) The application must be made to the court in the district in which the enforcement hearing is sought.

(5) No fee is payable for filing the application.

(6) The registrar must set the date for the enforcement hearing and issue an enforcement hearing summons in the approved form requiring the person to whom the summons is directed to attend an enforcement hearing at the time and place stated in the summons—

(a) to give information and answer questions; and

(b) to produce the documents or things stated in the summons.

(7) The enforcement hearing summons may require the enforcement debtor to complete and return a statement of financial position in the approved form at least 4 business days before the date of the enforcement hearing.