Court Procedures Rules 2006

This rule applies if—

a person is required—

to attend an enforcement hearing by an enforcement hearing subpoena or a subpoena issued under rule 2107 (Enforcement hearing—subpoena to other person); or

to attend an adjourned enforcement hearing (or further adjourned enforcement hearing) by an order under rule 2109 (5) (Enforcement hearing—examination); and

the person fails to attend the hearing as required by the order.

The court may issue a warrant (an enforcement hearing warrant) ordering an enforcement officer to apprehend the person and bring the person before the court to be examined at an enforcement hearing under rule 2109 if the court—

is satisfied that the person was served with the subpoena or was otherwise aware that the person was required by the enforcement hearing subpoena to attend the hearing as required by the subpoena; and

considers that the person does not have a reasonable excuse for not attending the hearing.

See approved form 2.53 (Enforcement hearing warrant) AF2006-298.

The court may issue the enforcement hearing warrant on application by the enforcement creditor or on its own initiative.

Pt 6.2 (Applications in proceedings) applies to an application for an enforcement hearing warrant.

However, the enforcement hearing warrant may only be issued by the judicial officer conducting the enforcement hearing.

Also, the enforcement hearing warrant must not be issued earlier than 14 days or later than 3 months after the day the court has served notice on the person that failure to attend may result in the person’s arrest.

For the Magistrates Court Act 1930, section 73A, that Act, division 3.4.4 (Committal and recognisance) applies in relation to a person for whom an enforcement hearing warrant has been issued by the Magistrates Court.