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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 3 June 2020 at 14:19)
38.2 Application for order for examination
(1) An application for an order for examination with respect to the enforcement of a judgment or order must be supported by an affidavit as to the following matters—(a) that the judgment or order remains unsatisfied,(b) that the applicant has served an examination notice on the person bound by the judgment or order but that person has failed, within the time limited by the notice—(i) to provide any or sufficient answers to the questions specified in the notice, oras to any material questions,(ii) to produce any or sufficient documents for inspection by the applicant,(c) that the person bound by the judgment or order has not, within the previous 3 months, provided any or sufficient answers, or produced any or sufficient documents, in response to any previous examination notice,(d) in the case of a judgment or order for the payment of money, whether or not an instalment order has previously been made in relation to the amount payable under the judgment or order and, if such an order has been made, that the person bound by the judgment or order has failed to comply with the instalment order.(2) The provisions of subrule (1)(b) and (c) do not apply in relation to a judgment or order of the Supreme Court.(3) Unless the court otherwise orders, an application under this rule—(a) may be dealt with in the absence of the parties, and(b) need not be served on the person bound by the judgment or order.