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Part 3 · Quasi-Criminal Proceedings

22O. Force and effect of order under section 86(2) of Women’s Charter 1961 (P. 3, r. 22O)

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Amended

Last amended by an amending law of 2024.

(1)

If a party to any maintenance enforcement proceedings (called in this Rule the defaulter) fails to comply with an order under section 86(2) of the Women’s Charter 1961, the Court may make any order it thinks just, including one or more of the following orders:

(a)

an order that the maintenance enforcement application be struck out;

(b)

if a claim for relief is made in any affidavit filed in the proceedings — an order that the claim be struck out;

(c)

an order that the maintenance enforcement application be fixed for hearing without further reference to the parties;

(d)

an order that the defaulter do any thing specified by the Court that may be required for an MEO to obtain from any other person the information ordered to be provided under the order under section 86(2) of the Women’s Charter 1961;

(e)

an order that the defaulter may not rely on any information ordered to be provided under the order under section 86(2) of the Women’s Charter 1961 unless the Court approves;

(f)

an order that an adverse inference be drawn against the defaulter;

(g)

if a claim for relief is struck out pursuant to sub-paragraph (b) — any order that the Court thinks just in respect of the maintenance enforcement application.

(2)

The Court must, when exercising the power under paragraph (1)(a), (b), (f) or (g), have regard to any reason specified by the defaulter for not providing any information to the MEO.

Subregulation 1

If a party to any maintenance enforcement proceedings (called in this Rule the defaulter) fails to comply with an order under section 86(2) of the Women’s Charter 1961, the Court may make any order it thinks just, including one or more of the following orders:

(a)

an order that the maintenance enforcement application be struck out;

(b)

if a claim for relief is made in any affidavit filed in the proceedings — an order that the claim be struck out;

(c)

an order that the maintenance enforcement application be fixed for hearing without further reference to the parties;

(d)

an order that the defaulter do any thing specified by the Court that may be required for an MEO to obtain from any other person the information ordered to be provided under the order under section 86(2) of the Women’s Charter 1961;

(e)

an order that the defaulter may not rely on any information ordered to be provided under the order under section 86(2) of the Women’s Charter 1961 unless the Court approves;

(f)

an order that an adverse inference be drawn against the defaulter;

(g)

if a claim for relief is struck out pursuant to sub-paragraph (b) — any order that the Court thinks just in respect of the maintenance enforcement application.

Subregulation 2

The Court must, when exercising the power under paragraph (1)(a), (b), (f) or (g), have regard to any reason specified by the defaulter for not providing any information to the MEO.

Report

Part 3A

Enforcement of Child Access Order Under Section 5A of Guardianship of Infants Act 1934 or Section 126B of Women’S Charter 1961

Part 4

Amicable Resolution of Cases

Part 5

Commencement of Proceedings

Part 6

Parties to Proceedings

Part 7

Service of Documents

Part 8

Judge-Led Approach in Resolving Family Disputes

Part 9

Disclosure

Part 10

Expert Evidence

Part 11

Reports Under Mental Capacity Act 2008

Part 12

Relevant Professionals and Child Reports

Part 13

Parenting Coordination Programme

Part 14

Injunctions and Other Interim Relief Before Hearing

Part 15

Court Hearings and Evidence

Part 16

Withdrawal and Discontinuance

Part 17

Payment Into and Out of Court

Part 18

Judgments and Orders

Part 19

Appeals

Part 20

Appeals from Tribunals to Family Division and Case Stated

Part 21

Transfer of Proceedings

Part 22

Costs

Part 23

Enforcement of Judgments and Orders

Part 24

Contempt of Court

Part 25

Court Fees

Part 26

Registry and Administration

Part 27

Lodgment in Court, Money in Registry and Payment to Bailiff

Part 28

Electronic Filing Services

Schedules