Means Inquiry Western Australia: How to Apply and What Happens at the Hearing

You have a judgment from the Magistrates Court of Western Australia, the debtor has not paid, and you have no idea what they earn or own. A means inquiry is how you find out — and it is usually the first enforcement step worth taking.

What a Means Inquiry Is

A means inquiry under sections 26–31 of the Civil Judgments Enforcement Act 2004 is a formal court hearing where the judgment debtor (or a company officer, if the debtor is a corporation) is examined under oath about their financial position. Income, bank accounts, property, vehicles, debts, expenses — everything gets disclosed.

The Registrar or Magistrate conducts the examination. The debtor must bring a completed Statement of Financial Affairs: CJE Form 38 for an individual, Form 38A for a corporation, or Form 38B (an affidavit) if illness or special circumstances prevent attendance in person.

How to Apply

Form 38B may be used for illness or special circumstances only if the court allows it by order. For a corporate debtor, CJE Form 24 is used to summon a current or former company officer to a means inquiry; Form 6 is the standard application for an individual debtor.

For an individual debtor:

1. Lodge CJE Form 6 (Application or Request to a Court) through the eCourts Portal, selecting the Means Inquiry option under section 27
2. Pay the prescribed bailiff service fee: $117.50
3. The court issues a Summons to Attend Means Inquiry

The summons must be issued at least seven clear days before the hearing and personally served on the debtor at least five clear days before. Personal service means a bailiff hands the summons directly to the debtor — postal service is not sufficient for a means inquiry summons.

What the Court Can Order After the Inquiry

Once the Registrar has examined the debtor's finances, several outcomes are possible:

• Immediate payment of the full judgment debt, if the debtor clearly has the means
• Time for Payment Order (section 32) — a single deadline for full payment
• Instalment Order (section 33) — regular periodic payments matched to the debtor's capacity
• A record of the debtor's assets that helps you choose which enforcement tool to use next — Debt Appropriation Order for bank funds, Earnings Appropriation Order for wages (after an instalment default), or a Property Seizure and Sale Order for goods or land

The means inquiry fee ($117.50) gets added to the judgment debt. The debtor pays it.

If the Debtor Does Not Attend

A judgment debtor who is properly served and does not show up without a lawful excuse faces real consequences. The creditor cannot personally arrest the debtor — that is not how it works. But the court can:

1. List the matter for a Default Inquiry
2. Issue a Warrant for Arrest (CJE Form 6), directing the Sheriff and bailiffs to arrest the debtor and bring them before the court in custody. The bailiff fee for an arrest warrant is $430 ($216 for the arrest plus $214 for conveyance and release).

The debtor is then examined under oath at court. Non-attendance is not a strategy that works indefinitely.

Searching Before the Inquiry

You do not have to go in blind. Before or alongside a means inquiry, you can run your own public record searches:

• Landgate — title searches reveal real property in the debtor's name, including existing mortgages
• ASIC — company searches reveal corporate directorships, shareholdings and registered offices
• PPSR (Personal Property Securities Register) — searches against a name or VIN identify security interests, leases or hire-purchase agreements on vehicles and equipment

These searches give you a head start on knowing what questions to ask at the hearing and which enforcement tool to pursue afterwards.

The WA Judgment Enforcement Guide covers means inquiries in full detail, including what questions to prepare and how each possible outcome connects to the next enforcement step.

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