Supreme Court (Corporations) (WA) Rules 2004
Part 11-Examinations and orders (Corporations Act Part 5 9 Divisions1 and 2)


    11.10 Default in relation to examination

    (1) This rule applies if a person is summoned or ordered by the Court to attend for examination, and

    (a) without reasonable cause, the person

    (i) fails to attend at the time and place appointed;

    (ii) fails to attend from day to day until the conclusion of the examination;

    (iii) refuses or fails to take an oath or make an affirmation;

    (iv) refuses or fails to answer a question that the Court directs the person to answer;

    (v) refuses or fails to produce books that the summons requires the person to produce; or

    (vi) fails to comply with a requirement by the Court to sign a written record of the examination;

    or

    (b) before the day fixed for the examination, the person who applied for the summons or order satisfies the Court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond.

    (2) The Court may

    (a) issue a warrant for the arrest of the person summoned or ordered to attend for examination; and

    (b) make any other orders that the Court thinks just or necessary.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.