Means inquiry, conduct of
30 Means inquiry, conduct of
[(1) deleted]
At a means inquiry the court is to determine the matters listed in section 26.
At a means inquiry held on the application of a judgment debtor the judgment debtor must produce to the court all records that relate to the matters listed in section 26 and that are in the possession or under the control of the judgment debtor.
A judgment debtor who contravenes subsection (3) is guilty of a contempt of court.
A court may adjourn a means inquiry.
At a means inquiry in the Magistrates Court a person who is not a legal practitioner and who is an employee of, or under the control or direction of —
the judgment creditor; or
the judgment creditor’s legal practitioner,
may appear on behalf of the judgment creditor, despite the Legal Profession Uniform Law (WA) section 10.
A means inquiry in the Magistrates Court may be conducted in the absence of the judgment creditor, the judgment creditor’s legal practitioner, and a person referred to in subsection (6), if the judgment creditor, before the inquiry, asks the court to itself examine the judgment debtor for the purposes of determining the matters listed in section 26.
At a means inquiry in the Magistrates Court the court, at the request of the judgment creditor made before or at the inquiry, may itself examine the judgment debtor for the purposes of determining the matters listed in section 26.
[Section 30 amended: No. 5 of 2008 s. 8; No. 21 of 2008 s. 645; No. 9 of 2022 s. 336.]
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