Oral Examination

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.