How to Find a Debtor's Assets in the ACT: Bank Accounts, Employers, and Property

The Enforcement Bottleneck

You have an enforceable ACAT order registered in the ACT Magistrates Court. You know the debtor owes you money. What you do not know is where that money sits — which bank holds their accounts, who pays their wages, whether they own property, or if there is anything worth seizing at all.

This is the single most common stall point in ACT enforcement. Every enforcement tool requires a target: an earnings redirection order needs an employer name and address, a debt redirection order needs a bank and branch, a seizure and sale order needs a premises where goods can be found. Without that intelligence, you are filing paperwork aimed at nothing.

The ACT legal framework gives you two main paths to find this information: a formal enforcement hearing and public register searches.

The Enforcement Hearing: Compulsory Financial Disclosure

The enforcement hearing is the court-supervised mechanism for forcing a debtor to reveal their finances under oath. It is the most powerful asset-discovery tool available to a self-represented creditor.

How to apply. Apply for an enforcement hearing at the Magistrates Court Civil Registry, supported by Form 2.50 (Order to attend enforcement hearing), Form 2.51 (Enforcement hearing subpoena), and an affidavit confirming the outstanding balance. The 2026–27 fee for the court undertaking an enforcement hearing examination is $103.

Serving the subpoena. You must serve the subpoena personally on the debtor at least 14 days before the hearing date. Personal service means handing the document directly to the debtor — not leaving it at their door, not mailing it. You must also provide conduct money (enough to cover reasonable travel to and from the court). Serve Form 2.52 (Statement of enforcement debtor's financial position) at the same time.

What the debtor must disclose. Form 2.52 requires the debtor to list:

• Weekly earnings, salary, and all income sources
• Bank account details, balances, and institution names
• Real estate, motor vehicles, and other owned property
• Liabilities, dependents, and regular expenses

The debtor must complete and return Form 2.52 to the court at least 8 days before the hearing. If the form arrives complete and you are satisfied with the disclosure, you can notify the court that attendance is not needed. If not, the hearing goes ahead and the debtor is examined under oath by the Court Registrar.

If the debtor does not show up. A debtor who is properly served and fails to attend faces an Enforcement Hearing Warrant (Form 2.53) — an arrest warrant authorising the Sheriff or police to apprehend them and bring them before the court.

Public Register Searches

While the enforcement hearing is pending (or before you apply), several public databases can provide useful leads:

ACT Land Titles Register (Access Canberra). A Certificate of Title search confirms whether the debtor owns real property in the ACT, shows the parcel description, and reveals any registered mortgages or encumbrances. A charging order is a Supreme Court process under CPR Division 2.18.9; a Magistrates Court judgment must first be certified under r 2010 for enforcement in the Supreme Court.

ASIC Registers. A company extract search verifies corporate status, registered office addresses, and names of directors and officeholders. A personal name search reveals directorships and shareholdings — useful when the debtor runs a business and income may flow through a corporate structure.

Personal Property Securities Register (PPSR). An online search against the debtor's name reveals registered security interests over motor vehicles, machinery, and equipment. A PPSR hit tells you the asset exists but may be encumbered by a finance company — meaning there may be no recoverable equity in it.

These searches are available to any member of the public for modest fees. They do not require a court order.

When the Debtor Is Hiding Assets

If the debtor's Form 2.52 disclosure looks suspiciously bare — no income, no bank accounts, no property — and you have reason to believe they are concealing assets, the enforcement hearing examination is where you press the point. The Registrar can question the debtor under oath, and providing false or misleading information in a sworn financial disclosure is a serious matter.

You cannot compel banks or employers to reveal information to you directly (that requires a court-issued redirection order or subpoena). But the enforcement hearing puts the debtor on the record. If they swear they have no bank account and you later discover funds through other means, the inconsistency strengthens your position for further enforcement steps.

For corporate debtors, CPR Rule 2200 allows the enforcement hearing subpoena to be directed at a senior officer — a director or principal manager — who must attend court and produce corporate financial records, tax returns, and asset ledgers.

Choosing Your Enforcement Tool After Discovery

Once you know what the debtor has, the enforcement tool selection becomes straightforward:

• Regular employment → earnings redirection order (Form 2.64)
• Known bank account with funds → debt redirection order (Form 2.62)
• Real property with equity → Supreme Court charging-order process after certification of a Magistrates Court judgment under CPR r 2010
• Personal goods of value → seizure and sale order (Form 2.59)
• Nothing currently → the order is enforceable for 12 years; re-examine the debtor's position later when circumstances may have changed

The complete asset-discovery process and every enforcement tool are mapped in our ACT ACAT Order Enforcement Guide, including a proof-of-service tracker so nothing falls through the cracks.

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