Examination summons preparation
An examination summons compels a judgment debtor to attend court and answer questions about their financial position. This checklist walks through the steps.
This is a 12-step checklist for preparing a NSW examination summons. It covers the form, service, examination questions and follow-up orders.
The checklist
Confirm judgment is enforceable
The judgment must be final and entered.
Identify the examinee
Natural person debtor, officer of corporate debtor, or a third party believed to hold information.
Complete the summons form
Complete the summons in UCPR form, schedule documents to be produced, time and place.
Schedule documents to be produced
Schedule bank statements, tax returns, payroll, asset registers — things that will reveal assets.
File and seal the summons
File with the court and obtain a sealed copy.
Serve personally
Serve the examinee personally within the time set by the rules.
Provide conduct money
Provide reasonable conduct money for the examinee's attendance.
Prepare questions
Prepare a written set of questions focused on income, assets, liabilities, transfers and future prospects.
Conduct the examination
Attend the registry or court to examine under oath.
Take a transcript or note
Keep a clean record of answers. Ask for a transcript where permitted.
Apply for follow-up orders
Depending on answers — instalment order, garnishee, writ or charging order.
Warrant for non-attendance
If the examinee does not attend, consider an arrest warrant under the rules.
When this checklist applies
Use this checklist when the debtor's assets are unknown. The examination often reveals the right enforcement tool.
Common pitfalls
- Questions too broad or unfocused
- Not requiring document production
- Missing conduct money
- No follow-up application after the examination
- Failing to act on non-attendance
Run this checklist on a real matter
Quillio drafts examination summonses, question lists and follow-up enforcement applications in current NSW format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for Federal Court and interstate enforcement.
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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