Court Procedures Rules 2006

The court may direct the enforcement debtor and enforcement creditor to meet together to attempt to settle payment of the order debt.

An order (including a direction) may be made on the consent of the parties affected by the order (see r 1611 (Orders—by consent)).

However, if the enforcement debtor or enforcement creditor asks, the court may direct the enforcement debtor and enforcement creditor to meet with a facilitator appointed by the court to attempt to settle payment of the order debt.

A direction under this rule—

may be given in an enforcement hearing subpoena directed to the enforcement debtor and require the enforcement debtor and enforcement creditor to meet at a stated time and place before the enforcement hearing; or

may be given during the enforcement hearing, on application by the enforcement debtor or enforcement creditor or on the court’s own initiative.

Pt 6.2 (Applications in proceedings) applies to an application for a direction made during the enforcement hearing.

Without limiting rule 6016 (Application in proceeding—oral application), an application at the enforcement hearing (including an application under this subrule) may be made orally, unless the court otherwise orders on application by the enforcement debtor or enforcement creditor or on its own initiative.

If a direction is given during the enforcement hearing, the court may adjourn the hearing to allow the parties to meet.

The Legislation Act, part 19.3 (Appointments) does not apply to the appointment of a facilitator under this rule.

If the court gives a direction to a person under this rule and the person, without reasonable excuse, contravenes the direction by failing to meet in accordance with the direction, the person may be dealt with for contempt of court.

Subrule (7) does not limit any other power of the court in relation to the contravention.