Enforcement of Judgments Act 1991

If a judgment debtor fails to comply with an order under section 5(1), the court may, on application by the judgment creditor, issue a summons (which must be served personally) to require the judgment debtor to appear for examination before the court.

If a judgment debtor fails to appear as required by the summons, the court may issue a warrant to have the judgment debtor arrested and brought before the court for examination.

If, after examination of a judgment debtor conducted in accordance with procedures prescribed by rules of the court, the court is satisfied that—

the judgment debtor has, without proper excuse, failed to comply with an order under section 5(1);

and

if the order is an order to pay instalments towards the satisfaction of the judgment debt—

at least 2 instalments are in arrears; and

the judgment debtor has the means to pay the instalments that are in arrears without the judgment debtor, or the dependants of the judgment debtor, suffering hardship, the court may order that the judgment debtor pay a monetary penalty of an amount determined by the court (which will be added to, and then form part of, the judgement debt owed by the judgment debtor).