Examination Order NSW: How to Find Out What a Debtor Owns

You've registered your judgment in the Local Court, but you don't know where the debtor works, which bank they use, or whether they own anything worth seizing. Without that information, a garnishee order or writ for levy is a shot in the dark.

The examination process under UCPR Part 38 is how you legally compel the debtor to hand over their financial details. There are two stages.

Stage 1: Examination Notice (UCPR Forms 51 and 52)

Form 51 is the examination notice for an individual debtor; Form 52 is for a corporation. Neither requires a court hearing. You complete the applicable form and serve it on the debtor. It requires them to fill out a detailed financial statement within 28 days, covering:

• Bank account statements (at least 3–6 months)
• Income tax returns, notices of assessment, and pay slips
• Real property title deeds or lease agreements
• Motor vehicle registration papers and loan documents
• Business accounts, balance sheets, and trade debtor ledgers

No court filing fee applies to Forms 51 or 52. You can serve the notice by post or by personal service. The debtor doesn't attend court at this stage — they just answer in writing.

This is your first move when you don't know the debtor's financial position. Many debtors comply once they receive a formal court notice, particularly if they want to negotiate an instalment plan.

Stage 2: Examination Order (UCPR Forms 53 and 54)

If the debtor ignores Form 51 or 52, gives incomplete answers, or refuses to produce documents, apply for an examination order using Form 53, a Notice of Motion. If granted, the court issues Form 54, the examination order.

Form 54 summons the debtor before a Local Court registrar to be examined under oath about their assets, income, and liabilities. If the debtor is a company, the order is served on a director or secretary who must attend personally.

Key requirements:

• Filing fee for the motion: $114 (standard)
• Service: personally served on the debtor at least 14 days before the hearing date
• If the debtor is outside the registry's area, you can request a remote audio-visual link examination

What to Ask at the Examination

The registrar conducts the questioning, but you can prepare the areas you want covered. Focus on:

• Current employer name and address, pay frequency, and net income
• Bank account details — institution, BSB, account number, and approximate balance
• Real property ownership (houses, land, investment properties)
• Motor vehicles — registration numbers, make, model, whether financed
• Other debts owed to the debtor (trade debtors, pending insurance claims)
• Existing debts, child support obligations, and other court orders

The answers under oath become the foundation for your next enforcement step. If they reveal a steady employer, apply for a garnishee order by Form 69; the wage order is Form 71. If they reveal a bank account with funds, apply by Form 69 for a bank garnishee order, Form 70.

What Happens If They Don't Show Up

Failing to attend after being personally served with a Form 54 constitutes disobeying a court order. With proof of service, you can apply for an arrest warrant under s 97 of the Civil Procedure Act 2005 using Form 57; if issued, the warrant is Form 58.

The warrant is executed by the Office of the Sheriff of NSW or NSW Police — not by you. The debtor is arrested and brought before the court for the examination. This isn't imprisonment for debt; it's enforcement of the court's authority to compel attendance.

Public Registry Searches You Can Do First

Before or alongside the examination process, you can run your own searches through publicly accessible registers:

• ASIC Company Search: confirms corporate status, registered office, and current directors
• ABN Lookup: confirms active business registration and GST status
• NSW Land Registry Services: identifies real property ownership (around $15–$30 per search), though properties may be mortgaged or held in joint tenancy
• PPSR (Personal Property Securities Register): reveals finance charges on vehicles, machinery, or business assets

These won't tell you everything, but they narrow the field before the examination hearing and help you frame sharper questions.

For the complete enforcement sequence — from obtaining the s 78 certificate through to recording the judgment as satisfied — the NSW NCAT Order Enforcement Guide covers every step with the forms and fees involved.

See more New South Wales guides →