Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 25B.20

Failure concerning financial statement or enforcement hearing

             (1)  A person commits an offence if the person does not:

                     (a)  comply with a notice under paragraph 25B.16(1)(a) requiring the person to complete and serve a financial statement ; or

                     (b)  comply with an order that the person complete and file a financial statement or produce copies of documents to the payee (see paragraph 25B.16(1)(b)) ; or

                     (c)  if the person is served with an application for an enforcement hearing:

                              (i)  comply with subparagraph 25B.18(1)(a)(ii) and paragraph 25B.18(1)(b); and

                             (ii)  attend the enforcement hearing in accordance with the application or an order; or

                     (d)  on attending an enforcement hearing in accordance with an application for an enforcement hearing or order, answer a question put to the person to the Court's satisfaction.

Penalty:  50 penalty units.

             (2)  An offence against subrule (1) is an offence of strict liability.

Note:          The Court may issue a warrant for the arrest of a payer if it is satisfied that the payer has received an application for an enforcement hearing and did not attend the enforcement hearing (see Division 25B.4).

             (3)  If a person is prosecuted under section 112AP of the Family Law Act for an act or omission mentioned in subrule (1), an application must not be made under subrule (1) in respect of that act or omission.



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