Enforcement of judgment preparation (NSW)
A judgment is only as good as its enforcement. This checklist walks through the standard NSW enforcement steps.
This is a 12-step preparation checklist for enforcing a NSW money judgment. It covers writs of execution, garnishees, examination summons and instalment orders.
The checklist
Confirm the judgment is enforceable
Check the judgment is final, entered and any stay has expired.
Identify the debtor's assets
Search ASIC, PPSR, land titles and any other available sources.
Consider a formal demand
Send a formal demand as a pre-enforcement step where appropriate.
Consider an instalment order
Where the debtor is individual and willing, an instalment order under the rules may be efficient.
Apply for an examination summons
If assets are unknown, apply for an examination summons to question the debtor.
Consider a writ for levy of property
Apply for a writ for the levy of property (real or personal) to execute against the debtor's assets.
Consider a garnishee order
Garnishee wages, bank accounts or debts owed to the debtor.
Consider a charging order
Charging order over shares, securities or other property.
Consider bankruptcy or winding up
Statutory demand and bankruptcy/winding up where enforcement through other steps is impractical.
Diary limitation periods for enforcement
Judgments in NSW are enforceable for 12 years, but there are internal time limits on steps.
Track recoveries
Track recoveries against the judgment and apply to the debt in the correct order (interest, costs, principal).
Consider interstate and overseas enforcement
Register the judgment interstate under the Service and Execution of Process Act if needed.
When this checklist applies
Use this checklist once a judgment is entered and the stay (if any) has expired. Choose the enforcement tool to suit the debtor.
Common pitfalls
- Enforcing blind without asset searches
- Missing limitation periods for enforcement steps
- Choosing the wrong enforcement tool for the debtor type
- Applying recoveries in the wrong order
- Not registering the judgment interstate
Run this checklist on a real matter
Quillio drafts enforcement applications, examination summonses and garnishee orders in current NSW format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for Federal Court enforcement and non-money judgments.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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