Enforcement Hearing and Debtor Examination in the ACT

You have a judgment. The debtor isn't paying. And you don't know where they bank, who employs them, or what they own. Without that information, you're filing enforcement applications in the dark.

The enforcement hearing — sometimes called a debtor examination or oral examination — is how you get answers. The ACT Magistrates Court compels the debtor to attend, produce financial documents, and disclose everything under oath.

How an Enforcement Hearing Works

You apply to the court for an order compelling the debtor to appear and answer questions about their financial position. The process uses three key forms:

Form 2.50 — Order to attend an enforcement hearing. It is filed as part of your application to the court.

Form 2.51 — Enforcement hearing subpoena. The court issues this after accepting your application. It's the formal summons ordering the debtor to attend.

Form 2.52 — Statement of enforcement debtor's financial position. The debtor must complete this form disclosing their income, bank accounts, real estate, vehicles, other assets, liabilities, and dependants.

The application fee is $100, payable when you lodge Form 2.50 and your supporting affidavit at the registry.

Service Requirements

The enforcement hearing subpoena (Form 2.51) must be served personally on the debtor at least 14 days before the hearing date. You can't post it — personal service is mandatory.

When you serve it, you must also hand the debtor:

• Form 2.52 (the blank financial statement for them to complete)
• Conduct money — enough cash to cover reasonable travel to and from court

The debtor must complete and return Form 2.52 to the court at least 8 days before the hearing.

What Happens at the Hearing

If the debtor returns a completed Form 2.52 at least 8 days early and you're satisfied with the disclosure, you can notify the court that attendance isn't needed. The financial statement gives you what you need to choose the right enforcement tool.

If the debtor's answers are incomplete, evasive, or missing altogether, the hearing proceeds before the Court Registrar. At the hearing, you (or the Registrar) can examine the debtor under oath — asking about specific bank accounts, employment details, property ownership, and other assets.

For corporate debtors, CPR Rule 2200 lets you subpoena a senior officer — typically a director — to attend with corporate financial records.

If the Debtor Doesn't Show Up

A debtor who is properly served and fails to attend without a lawful excuse faces an enforcement hearing warrant (Form 2.53). This authorises the Sheriff or police to apprehend the debtor and bring them before the court. It's a serious consequence, and the court doesn't issue it lightly — but it exists precisely because financial disclosure is not optional.

Using What You Learn

The enforcement hearing is the intelligence-gathering step. Once you know where the debtor banks, who employs them, or what property they own, you can target the right enforcement tool:

• Steady wages → earnings redirection order
• Money in a bank account → debt redirection order
• Valuable personal property → seizure and sale order
• Real estate → charging order

The Enforcing an ACAT Order in the ACT guide includes a decision matrix that maps debtor scenarios to the most effective enforcement tool, plus field-by-field guidance for completing each application form.

See more Australian Capital Territory guides →