New South Wales Repealed Acts

This legislation has been repealed.

LOCAL COURTS (CIVIL CLAIMS) ACT 1970 - SECT 43A

43A Examination notice

(1) Unless the registrar of the court in which a judgment is given or entered up has information satisfying the registrar that the judgment debt has been paid, that registrar may, on the application of the judgment creditor, serve on the judgment debtor a notice calling upon the judgment debtor to furnish, within such period, not being less than 14 days, as may be specified in the notice, to the judgment creditor answers to the questions contained in the notice relating to the matters referred to in section 41 (2) (b).

(2) Notwithstanding subsection (1), while enforcement of a judgment is stayed, the registrar shall not serve on the judgment debtor a notice referred to in subsection (1) relating to the judgment debt under that judgment.

(3) Where:

(a) a notice referred to in subsection (1) has been served on a judgment debtor,

(b) the judgment debtor has, within the period specified in the notice, furnished to the judgment creditor answers to the questions contained in the notice,

(c) the judgment debtor is, within 3 months after the service on the judgment debtor of the notice, examined pursuant to an examination summons before or by a registrar (whether that summons was filed before or after the service of the notice on the judgment debtor or before or after the commencement of this section), and

(d) the registrar, on the application of the judgment debtor made at the examination of the judgment debtor, certifies that he or she is satisfied that the judgment debtor answered the questions contained in the notice fairly and truthfully,

there shall not be added to the judgment debt any costs in respect of the filing, issuing or serving of that examination summons or of any document filed, issued or served in connection with that examination of the judgment debtor.