​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

​Examination order 

AlertYou need a judgment from the court before you can apply for an examination order.

If the other party does not c​omply with the examination notice within the period of time given in the notice (at least 28 days) you can ask the court to issue an examination order. This is an order that the other party must come to court to answer questions and show documents about their financial position. This is called 'examination'.

The other party has failed to comply with the examination notice if: 

  • ​​​​they ignore your notice completely 
  • they partly fill in the notice but don't give you all the information 
  • they give you all the information but they don't give you any of the documents you asked for. 

If you want to apply for an examination order, follow the steps in the guide on this page.​

Icon: Page with numbered listExamination order - Step by step guide​​​​

Step 1: Get the forms

You will need two forms: 

  • ​Form 53 – Notice of motion - examination order
  • Form 54 – Examination order

You can get blank copies of the forms from: ​​

An application for an examination order must include an affidavit, which is in the notice of motion form.

You can also complete and file this form online using the NSW Online Registry.

Step 2: Fill out the forms

You can fill out your form:

  • ​​​by completing it on your computer
  • by printing the form and completing it in blue or black pen
  • online using the NSW Online Registry​.

To fill in the forms you will need to have the following information ready:

  • ​​​​Your case number. You will find this on the stamped copy of the statement of claim.
  • The date of the judgment against the other party. 
  • A list of the documents you want from the other party.
  • A list of questions you want the other party to answer.
  • Amounts of payments received, if any, from the other party.
  • The amount awarded by the court as judgment.
  • A re-calculated amount of post judgment interest to include the extra days between the judgment and the filing of the notice of motion. 
  • The cost of the filing fee.
  • The cost of the service fee for the examination order.
  • The date the examination notice was sent. 
  • The reason why the other party has failed to comply with the examination notice.
  • Whether the other party lives or works within 30 ​kilometres of the court.
  • Whether any instalment order has been made. 

It will help to have your copy of the examination notice with you while you fill out the forms.

A copy of the examination notice you posted to the other party must be attached (annexed) to the notice of motion.

The other party must come to the court named in the examination order. This will be the court where judgment was entered. If the other party lives or works more than 30 kilometres from the court where the judgment was entered the examination hearing will be at the court nearest to them. 

Instructions: 

Samples: 

Step 3: File the forms

Both forms must be filed with the court. You should file the original signed documents and three copies. One of the copies will be for you, one copy for the other party and one copy to be annexed to the Affidavit of service.

The filing fee is $86.00 for an individual and $172.00 for a corporation (as at 1 July 2017). 

The court officer will complete the section titled 'When and Where to attend court' on the examination order. This will tell the other party the time, date and place to attend for examination. 

You can also complete and file these forms online using the NSW Onli​ne Registry​

Step 4: Serve the examination order 

The examination order must be served on the other party personally, by handing it to them or leaving it in their presence with an explanation of what the order is. If the defendant is a sole trader you can also serve the document by posting it to the defendant's place of business (like a shop). If the defendant is a corporation you can serve the document by posting it to the company's registered office. You can pay for a professional process server to serve the examination order or arrange it yourself.  If you are using a professional process server, the amount you can claim is usually limited to the fee the Sheriff would charge for that service. The current fee is $66.00 (as at 1 July 2017).

An order for examination must be served on the other party at least 14 days before the day on which he or she is required to attend for exami​nation. 

Step 5: Fill out and file the affidavit of service

If a professional process server serves the examination order, they will also prepare an affidavit of service.

If you served the examination order yourself or arranged for a friend or relative to do it, the person who served the examination order needs to fill out and sign an affidavit of service.

You should then file the affidavit of service with the court. If you do not file the affidavit of service before the court date, make sure you take the original affidavit of service and a copy with you to the examination.

Instructions: ​Instructi​ons for filling out an affidavit of service.
Sample: Sample affidavit of service​.

Step 6: Attend court for examination

On the date given, you must go to court for the examination. 

The examination process is an informal process between you and the other party – it's not a formal hearing, and the court registrar or magistrate is not usually involved. You should ask the other party questions about their income, assets and other debts, and to provide documents about their financial circumstances.

For example, you could ask the other party things like:

  • ​​​Are you currently working and how much do you earn?
  • Do you own a house or any other real property, and what is its market value? Do you have a mortgage on that property and how much do you owe?
  • Do you own any motor vehicles, boats or caravans? What is the year, make, model, and do you owe any money?
  • Describe all debts that you have, including credit cards, store cards, personal loans
  • How much do you spend on day to day living?

This information can help you decide the best way to enforce the judgment. If they do not answer questions, you should tell the registrar. They will advise the other party that the questions have to be answered. If the debtor still refuses, the registrar can refer the matter to a magistrate. 

If the examination is at a court a long way from where you live, you can ask the registrar at that court to conduct the examination on your behalf.