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r 47.07

Failure to attend for examination

In force
Chapter 2Rules for enforcement of orders
Part 47Examination of judgment debtor

47.07 Failure to attend for examination

If, at the time fixed (whether originally or on adjournment) for the examination:

(a) the judgment debtor who is to be examined fails to attend before the Court;

(b) the Court has no information that satisfies it that the judgment debt has been paid; and

(c)

there is proof:

(i)

of service on the judgment debtor of the examination summons; or

(ii) of notification of the date, time and place fixed for an adjourned examination,

the Court may:

(d)

adjourn the examination; or

(e)

make an order that:

(i) subject to the conditions in subparagraph (ii), a warrant for the arrest of the judgment debtor may be issued; and

(ii) the judgment debtor may avoid arrest if, not later than 14 days after the date on which the order was made, he or she pays the amount owing to the judgment debtor or contacts the Court to make arrangements to attend before the Court to be examined and is examined as arranged.

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