Victorian Consolidated Legislation

IMPRISONMENT OF FRAUDULENT DEBTORS ACT 1958

No. 6276 of 1958
Version incorporating amendments as at 1 January 2010

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   2.      Repeal

   PART I-ON JUDGMENT OF SUPREME COURT

   3.      Imprisonment upon writ of capias ad satisfaciendum abolished
   4.      Debtor may be summoned
   5.      Debtor may be examined and imprisoned
   6.      Examination may be had on the original hearing
   7.      Form of warrant of commitment
   8.      Order may be ex parte
   9.      Judgment debtor may appeal to Full Court
   10.     Prisoner to be discharged on payment of debt and costs
   11.     Examination to be taken down in writing
   12.     Examination to be a judicial proceeding
   13.     Effect of this Part of this Act

   PART II-ON JUDGMENT OF COUNTY COURT

   14.     Imprisonment for debt abolished in county court
   15.     Judgment debtor may be summoned
   16.     Judgment debtor may be examined and imprisoned
   17.     Examination may be had on the original hearing
   18.     Form of warrant of commitment
   19.     Order may be ex parte
   20.     Prisoner to be discharged on payment of debt and costs
   21.     Examination to be a judicial proceeding

   PART III-ON ORDER OF MAGISTRATES' COURT

   22.     Defendants in civil cases not to be imprisoned except under certain circumstances
   23.     Warrant in default of compliance
   24.     Ex parte order of commitment
   25.     Debtor, how discharged
   26.     Non-application of Magistrates' Court Act
   27.     Examination to be a judicial proceeding
   28.     Imprisonment for fraud no satisfaction of debt
   28A.    Appeal to County Court

   PART IV-GENERAL

   29.     Judgment need not necessarily be served before fraud summons under Parts 1, 2 and 3.
           __________________
           SCHEDULE 1-Repeals
           SCHEDULE 2-Supreme Court Forms
           Form 1-Summons to debtor
           Form 2-Order for commitment in default of payment
           Form 3-Warrant of commitment
           Form 4-Warrant of commitment on ex parte application
           SCHEDULE 3-County Court Forms
           Form 1-Summons to debtor
           Form 2-Order for commitment in default of payment
           Form 3-Warrant of commitment
           Form 4-Warrant of commitment on ex parte application
           SCHEDULE 4-Magistrates' Court Forms
           Form 1-Summons to debtor
           Form 2-Order for commitment in default of payment
           Form 3-Warrant of commitment
           Form 4-Warrant of commitment on ex parte application
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details