New South Wales Repealed Acts

This legislation has been repealed.

LOCAL COURTS (CIVIL CLAIMS) ACT 1970 - SECT 42

42 Failure to attend in answer to examination summons

(1) If, at the time set down (whether originally or on an adjournment) for the examination of a judgment debtor before a registrar:

(a) the judgment debtor fails to attend before the registrar,

(b) the registrar has no information which satisfies the registrar that the judgment debt has been paid, and

(c) there is due proof of service of the examination summons on the judgment debtor (or, if the examination has been adjourned, of service on the judgment debtor of notice of the time and place fixed for the examination),

the court may act under subsection (2).

(2) The court may:

(a) authorise the issue of a warrant for the apprehension of the judgment debtor, or

(b) adjourn the examination proceedings and order that the judgment debtor attend before the registrar at that court on a date and at a time specified in the order,

and the registrar shall forthwith serve on the judgment debtor a notice informing the judgment debtor of any action taken by the court under this subsection.

(3) A warrant shall not be issued under this section until after the expiration of 14 days after the registrar served the notice under subsection (2).

(4) If before an application is made under this subsection the judgment debtor has not attended, by arrangement with the registrar, to be examined as to the matters referred to in section 41 (2) (b), the registrar, on the application of the judgment creditor verified by the judgment creditor’s affidavit or in such other manner as may be prescribed and made not earlier than 14 days, and not later than 3 months, after the registrar served the notice under subsection (2) in respect of the judgment debtor, may issue the warrant for the apprehension of the judgment debtor.

(4A) If a judgment creditor fails to make an application under subsection (4) within the time limited by that subsection, the court, if satisfied with the reasons for the failure, may issue a warrant for the apprehension of the judgment debtor.

(4B) The functions of the court under subsections (2) and (4A) may be exercised by the registrar.

(5) The warrant shall:

(a) be under the hand of the registrar,

(b) name or otherwise describe the judgment debtor whose apprehension is required by the warrant,

(c) state shortly the reason for its issue,

(d) contain an order, addressed to the Sheriff and all bailiffs, requiring the apprehension of the judgment debtor if he or she is within New South Wales and directing that he or she be brought before the registrar of the nearest convenient court to the place at which he or she is apprehended to be examined as to the matters referred to in section 41 (2) (b), and

(e) subject to subsection (7), continue in force until:

(i) the registrar endorses on the warrant that the warrant is revoked by order of any court or of the registrar of the court at which it was issued,

(ii) it is endorsed by the registrar in accordance with subsection (6), or

(iii) it expires in accordance with the rules.

(6) A registrar who examines a judgment debtor in respect of whom a warrant is in force under this section as to the matters referred to in section 41 (2) (b) shall, as soon as practicable after doing so, endorse on the warrant that the warrant is revoked.

(7) A registrar who adjourns the examination under an examination summons of a judgment debtor in respect of whom a warrant is in force under this section shall, as soon as practicable after doing so, endorse on the warrant that the warrant is suspended until the time fixed for the examination of the judgment debtor on the day to which the examination of the judgment debtor has been adjourned, and where the warrant is so endorsed it shall not be in force during the period of its suspension but on the expiration of that period shall, subject to subsection (6), be in force, except as may be otherwise provided by the rules.

(8) The Sheriff or any bailiff may execute the warrant and any member of the police force shall, if called upon by the Sheriff or a bailiff to do so, aid and assist in the execution of the warrant.