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Examinations Compared Across Different States and Territories

Monday, March 01, 2010 - Posted by Philip Harvey

Examinations are an enforcement action that provide you with further information about the debtors financial position. The debtor typically attends the local court and submits at Court Form detailing their financial position, including details of any assets, employment information, Centrelink benefits, Spouse income etc providing supporting documentation (note that the supporting documentation is not always provided). Typically further enforcement action can then be taken against the debtors known financial position where the circumstances warrant.

Note on States / Territories that allow for service via Post; We strongly advise personal service as do our solicitors. If you serve via post and the debtor does not turn up you will incur solicitor costs for attendance at the exam and a strong possibility that if you apply for a warrant it being rejected and your costs for the exam being rejected without proof that the debtor has received the exam.

New South Wales

Prerequisites   Judgment & 28 days after an Examination Noticed is Posted without being completed / returned
Service Method  Personal Service
Time Allowed for Service   Exam Notice must be served 14 days before the Exam Hearing has been scheduled by the local court.
 Official Name  Examination Order

Victoria

 

Prerequisites   Judgment
Service Method  Personal Service
Time Allowed for Service   7 days prior to the scheduled Examination as set by the local court
 Official Name  Summons for Oral Examination

Queensland

Prerequisites   Judgment
Service Method  Personal Service
Time Allowed for  Service   Any other enforcement hearing summons must be served on the person to whom it is directed personally or   by prepaid ordinary post at least 14 days before the day set for the enforcement hearing as set by the Magistrates Court .
 Official Name  Enforcement Hearing

South Australia

Prerequisites   Judgment
Service Method  Pre-paid post addressed to the address of the person or Personal Service
Time Allowed for Service   4 clear days before the date fixed for the Examination Hearing.
 Official Name  Examination Hearing

Tasmania

Prerequisites   Judgment
Service Method Personal
Time Allowed for Service  4 days before the Hearing
 Official Name Judgment Summons (commonly referred to as Oral Examinations)

Western Australia


Prerequisites   Judgment
Service Method  Personal or Postal
Time Allowed for Service   5 Days before the hearing
 Official Name  Means Inquiry

Australian Capital Territory


Prerequisites   Judgment
Service Method  Personal Service
Time Allowed for Service   14 days before the Enforcement Hearing has been scheduled by the magistrates court
 Official Name  Enforcement Hearing

Northern Territory

Prerequisites   Judgment
Service Method  Personal Service
Time Allowed for Service   14 days before the Exam Hearing has been scheduled by the magistrates court
 Official Name  Examination Summons
Note for NT;
Debtor has 7 days from the date of the Examination Summons to 
(a) complete and sign the declaration of financial circumstances; 
(b) return the original to the Court; and 
(c) send a copy to the judgment creditor 


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