Judgment Summons and Oral Examination

A Judgment Summons and Oral Examination are means by which the Judgment Creditor or their Solicitor can ask questions of a Judgment Debtor under oath as to their income, assets and liabilities concerning their means of satisfying a judgment, or questions concerning or in aid of enforcement.

Judgment Summons process

  1. Complete the Judgment Summons form (docx, 19.7 KB)
  2. File three copies of the form at the Court Registry.
  3. Pay the filing fee.
  4. The Registry will return copies of the Judgment Summons documents to you.
  5. The Judgment Summons must be served personally on the Judgment Debtor. The person servicing the Judgment Summons must complete an Affidavit of Service.
  6. You (as the Judgment Creditor) must give the Judgment Debtor “conduct money” to cover the cost of travel from their home to the Court. An acceptable amount of conduct money is in the form of the cost of public transport to get to court. Take into account time and distance that the Judgment Debtor needs to travel.
  7. The Judgment Creditor or their Solicitor is required to appear in court when the Judgment Debtor attends. The Judgment Creditor or Solicitor will then have a chance to ask questions about the Judgment Debtors ability to pay the judgment.

The Court will only make an order if satisfied the Judgment Debtor has the means to pay the Judgment Debt.

An example of the type of order that may be made is for the Judgment Debtor to pay the debt by instalments of (a specific amount) per week / per fortnight / per month with the first payment to be made on (a specific date) to the Judgment Creditor.

A Judgment Summons is made under the Debtors Act 1870.

Oral Examination process

  1. Complete the Oral Examination form.
  2. File one copy of the application and supporting affidavit, and three copies of the Order and Notice at the Court Registry.
  3. Pay the fee.
  4. The Registry will return copies of the Order and Notice to you.
  5. A copy of the documents must be served personally on the Judgment Debtor. The person servicing the documents must complete an Affidavit of Service.
  6. The Judgment Creditor or their Solicitor is required to appear in court when the Judgment Debtor attends. The Judgment Creditor or Solicitor will then have a chance to ask questions about the Judgment Debtors ability to pay the judgment.

The Court will only make an order if satisfied the Judgment Debtor has the means to pay the Judgment Debt.

An example of the type of order that may be made is for the Judgment Debtor to pay the debt by instalments of (a specific amount) per week / per fortnight / per month with the first payment to be made on (a specific date) to the Judgment Creditor.

An oral examination is made under the Supreme Court Rules 2000.