Examination of judgment debtor
67.01 Examination of judgment debtor
If an order has been made for the recovery or payment of money (with or without costs) or for costs alone a registrar may upon application of the judgment creditor issue a summons requiring the judgment debtor (or, if the judgment debtor is a corporation, an officer of the corporation) to appear before the Court to be orally examined by the registrar as to—
the amount and source of the income of the judgment debtor; and
the property and assets of the judgment debtor; and
the cash that is readily available to the judgment debtor or that can be made so available; and
the debts, liabilities and other financial obligations of the judgment debtor—
and the registrar may examine the person as to any other matter related to the financial circumstances generally of the judgment debtor and the judgment debtor's means and ability to satisfy the order.
A summons under paragraph (1) must be in Form 67A.
The judgment creditor must serve a summons under paragraph (1) on a judgment debtor together with—
in the case of a natural person, a copy of Form 67B; or
in the case of corporation, a copy of Form 67C.
A summons and the relevant Form referred to in paragraph (3) must be served personally on the judgment debtor not less than 7 days before the day named for the examination.
The judgment creditor must ensure that conduct money is given to a judgment debtor served with documents in accordance with paragraph (3).
The person must be examined on oath or affirmation.
The registrar may issue a summons calling on other persons to give evidence or produce documents or to give evidence and produce documents.
A summons under paragraph (5) must be in Form 67D.
An examination under this Part must be conducted by the registrar or counsel for the judgment creditor (if present) and no persons other than the judgment debtor being examined and the creditor's counsel and the judgment creditor and the debtor's counsel may be present without the consent of both parties.
If the examination is conducted by the registrar a copy of the record in Form 67B or 67C must be sent to the judgment creditor.
At an examination the registrar may make an order as to the costs of the examination in accordance with the scale of costs in Appendix A, the fees, if any, for filing and service of the summons and any other prescribed fees.
A registrar may adjourn an examination under this Rule as the registrar thinks fit.
If a summons under this Rule has not been served, the registrar may, on application of the judgment creditor—
in the case of a summons under paragraph (1), alter, to a later day, the day named in the summons for the examination of the judgment debtor; or
in the case of a summons under paragraph (5), alter, to a later day, the day named in the summons for the person to give evidence or produce documents, or to give evidence and produce documents.
Despite paragraph (11), the registrar must not—
alter, to a later day, a day named in a summons under this Rule more than once unless the registrar is satisfied that reasonable efforts have been made to serve the summons; or
alter a day named in a summons under this Rule when the summons has ceased to be valid under Rule 5.12.
Rule 67.02 substituted by S.R. No. 102/2022 rule 21.
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