Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 815

Failure or refusal in relation to statement of financial position or enforcement hearing

815 Failure or refusal in relation to statement of financial position or enforcement hearing

(1) This rule applies if—
(a) an enforcement hearing summons requires an enforcement debtor to complete and return a statement of financial position in the approved form; and
(b) the enforcement debtor or the person to whom the summons is directed fails, without lawful excuse, to return the completed statement of financial position.
(2) This rule also applies if a person summoned or subpoenaed to attend an enforcement hearing—
(a) attends before the court and without lawful excuse—
(i) refuses to be sworn or to affirm; or
(ii) refuses to answer a question put to the person that the court directs be answered; or
(iii) fails to give an answer to the court’s satisfaction; or
(iv) fails or refuses to produce the documents or things stated in the summons; or
(b) fails or refuses to attend at the time and place stated in the summons or subpoena.
(3) The court may treat the person’s refusal or failure as a contempt of court.
(4) In this rule—

"lawful excuse" includes a lawful claim of privilege.



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