Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p85
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 85/100)
Character Range: 322380–325174

dispute or issue an enforcement order.
 (2) The payee may require the payer to produce documents at the enforcement hearing that are in the payer's possession or control and relevant to the enforcement application by serving with the application referred to in subrule (1):
 (a) a list of the documents required; and
 (b) a written notice requiring that the documents be produced.
 (3) A payee must serve by personal service on a payer at least 14 days before an enforcement hearing:
 (a) the documents referred to in subrules (1) and (2); and
 (b) a court approved brochure entitled Enforcement Hearings (which gives information about enforcement hearings and the consequences of failing to comply with an obligation).

11.12  Obligations of payer
 (1) A payer served with the documents referred to in rule 11.11 must:
 (a) attend the enforcement hearing:
 (i) to answer questions; and
 (ii) to produce any documents required; and
 (b) at least 7 days before the enforcement hearing, serve on the payee a Financial Statement setting out the payer's financial circumstances.
 (2) Before the day of the enforcement hearing, the payer may produce any documents required to the payee at a mutually convenient time and place.

11.13  Subpoena of witness
  A party may request the court to issue a subpoena to a witness for an enforcement hearing.
Note: Part 6.5 sets out the requirements for issuing subpoenas.

11.14  Failure concerning Financial Statement or enforcement hearing
 (1) A person commits an offence of strict liability if the person does not:
 (a) comply with a notice under paragraph 11.10(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 11.10(1)(b)); or
 (c) if the person is served with an Application—Enforcement:
 (i) comply with subparagraph 11.12(1)(a)(ii) and paragraph 11.12(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—Enforcement or an order, answer a question put to the person to the court's satisfaction.
Penalty: 50 penalty units.
Note: A court may issue a warrant for the arrest of a payer if it is satisfied that the payer was served with an Application—Enforcement and did not attend the enforcement hearing (see rule 11.79).
 (2) If a person is prosecuted under section 112AP of the Family Law Act for an act or omission referred to in subrule (1), an application must not be made under subrule (1) in respect of that act or omission.

Division 11.1.3—Enforcement warrants

11.15  Request for Enforcement Warrant
 (1) A payee may, without notice to the payer, ask the