Examination Summons in the Northern Territory: How It Works

When You Don't Know What the Debtor Owns

You have a registered judgment in the NT Local Court, but you have no idea whether the debtor has a bank account worth garnishing, a job worth attaching wages from, or property worth seizing. An examination summons forces the debtor to appear before the court and answer questions about their finances under oath.

This is almost always the right first step when you're unsure which enforcement tool to use. The information you get shapes everything that follows.

The Examination Summons Process

The procedure is governed by Part 47 of the Local Court (Civil Jurisdiction) Rules 1998 and involves four stages:

1. File the application and summons. You complete two forms — an Application for Examination Summons (Form 47A) and the Examination Summons itself (Form 47B). File both at the Local Court Registry. The filing fee is 62 revenue units, around $92 in FY 2026-27.

2. Serve the summons personally. Form 47B must be personally served on the judgment debtor. Personal service means handing the document directly to the debtor, not leaving it at their door or posting it. The server can be a court bailiff, a licensed private process server, or any adult who is not a party to the proceedings.

3. File proof of service. After serving the summons, you file an Affidavit of Service detailing the date, time, location, method of delivery, and how the server identified the debtor.

4. Attend the examination hearing. The debtor appears before the Registrar or Judge and answers your questions under oath. They must also produce any financial documents you've requested — pay slips, tax returns, bank statements, property records.

What to Ask at the Examination

The examination is your chance to build a complete picture of the debtor's financial position. Focus your questions on:

• Employment — Are they employed? Who is their employer? What is their net pay? How often are they paid?
• Bank accounts — Which banks or credit unions? How many accounts? What are the current balances?
• Real property — Do they own land or a house? Is it mortgaged? What is the estimated equity?
• Vehicles — Do they own a car, boat, or other vehicle? Is it financed?
• Other income — Do they receive rental income, dividends, or Centrelink payments?
• Debts — What other debts do they owe? Are there other judgments against them?

Go in prepared with specific questions. A vague examination wastes your opportunity.

If the Debtor Doesn't Show Up

If the debtor has been validly served but fails to attend without a lawful excuse, the court can issue a warrant for their arrest. This is not imprisonment for debt — the arrest warrant exists solely to compel the debtor's attendance at the examination hearing.

Substituted Service

If you can't locate the debtor for personal service after making genuine attempts, you can apply to the Local Court for an order for substituted service. This might allow service by post, email, or by leaving documents at their last known address. You'll need to show the court what efforts you've already made.

After the Examination

The examination itself doesn't extract money — it gives you the intelligence to choose the right enforcement tool. If you discover the debtor is employed, an attachment of earnings order is the natural next step. If they have money sitting in a bank account, an attachment of debts order targeting that account makes sense. If they own unencumbered personal property, a warrant of seizure and sale becomes viable.

The Enforcing an NTCAT Order guide includes a structured examination question checklist and a decision matrix for matching the debtor's asset profile to the right enforcement tool.

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