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You need a judgment from the court before you can apply for an Examination order.
If the judgment debtor does not comply with the Examination notice within 28 days, you can ask the Court to issue an Examination order. This is an order that the judgment debtor must come to Court to answer questions and show documents about their financial position. This is called an 'examination hearing'.
The other party has failed to comply with the Examination notice if:
You will need two forms:
Form 54 – Examination order
You can get blank copies of the forms from:
You can fill out your form:
To fill in the forms you will need to have the following information ready:
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 judgment debtor will need to attend an examination hearing. 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: Instructions for filling out a Notice of Motion - Examination order
Sample: Notice of Motion - Examination order
Instructions: Instructions for filling out an Examination order
Sample: Examination order
If you decide to file your forms on the NSW Online Registry website, you will need to fill out the Notice of Motion - Examination order (Form 53). You do not need to fill out a separate Examination order (Form 54) online.
If you are filing your forms at your local court, you will need to file both forms. 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 $92.00 for an individual and $184.00 for a corporation (as at 1 July 2021).
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.
If you decide to file your forms on the NSW Online Registry website, you only need to fill out the Notice of Motion - Examination order (Form 53). You do not need to file a separate Examination order (Form 54) online. The Court will check the form has been completed and will issue you with an auto-generated Examination order (Form 54) ready to be served on the judgment debtor.
The Examination order must usually be served on the judgment debtor personally, by handing it to them or leaving it in their presence with an explanation of what the order is.
If the judgment debtor is a sole trader you can serve the document personally or by leaving it, addressed to them, at their business or residential address, with a person who appears to be above the age of 16 years and apparently employed or residing at that address.
If the judgment debtor is a corporation you can serve the document personally, by leaving it at the company's registered office or 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 $70.00 (as at 1 July 2021).
An Examination order must be served on the judgment debtor at least 14 days before the examination hearing.
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: Instructions for filling out an Affidavit of serviceSample: Affidavit of service
On the date given, you must go to Court for the examination hearing.
The examination process is an informal process between you and the judgment debtor – it's not a formal hearing, and the Registrar or Magistrate is not usually involved unless the judgment debtor refuses to answer questions. 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 judgment debtor things like:
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 judgment debtor 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.