Part 52 – Judgment Summonses

Scope of this Part

52.1

1. This Part deals with applications to commit a judgment debtor for non-payment of a debt where this is not prohibited by any relevant enactment.

Issue of judgment summons

52.2

1. An application to commit a judgment debtor for failing to pay all or part of the judgment debt must be made by way of judgment summons in Form 21 and must state —
   1. any payment that has been made by the judgment debtor;
   2. the date and details of the judgment or order requiring payment of the debt; and
   3. the amount of interest claimed to the date of the application and the daily rate thereafter.
2. The court order must –
   1. fix a date for hearing of the judgment summons;
   2. seal the judgment summons; and
   3. return the order to the judgment creditor for service. 

Service of judgment summons

52.3

1. The judgment creditor must serve the judgment debtor with the judg­ment summons in accordance with Part 5 not less than 7 days before the date fixed for the hearing of the application to commit.
2. The judgment creditor must file an affidavit of service not less than 3 days before the hearing.

Hearing of judgment summons

52.4

1. At the hearing of the judgment summons, the court may –
   1. if satisfied that all reasonable efforts have been made to served the judgment debtor and the –
      1. judgment debtor is willfully evading service; or
      2. summons has come to the knowledge of the judgment debtor; proceed in the absence of the judgment debtor as if the judgment debtor had been personally served;
   2. receive evidence as to the means of the debtor in any manner that it thinks fit; and
   3. if satisfied that all statutory requirements have been met –
      1. adjourn the hearing of the summons to a fixed date;
      2. commit the judgment debtor for such fixed term as is permitted by law;
      3. suspend such committal upon payment of the judgment debt on such dates and by such instalments as the court may order;
      4. dismiss the judgment summons; or
      5. make an order for payment of the judgment debt by a particular date or by specified instalments and adjourn the hearing of the judgment summons to a date to be fixed on the application of the judgment creditor.

Failure to comply with installment order

52.5

1. If the judgment debtor fails to comply with the terms of the judgment summons, the judgment creditor may –
   1. issue a further judgment summons;
   2. if a suspended committal order has been made – apply to commit the judgment debtor in accordance with the provisions of Part 53 (committal orders); or
   3. if an order has been made under rule 52.4(c) (v) – apply to the court in writing to restore the judgment summons.

 Restored hearing of judgment summons

52.6

1. The judgment creditor must –
   1. serve the notice of the restored hearing of a judgment summons in accordance with Part 5 at least 7 days before the date fixed for hearing; and
   2. file an affidavit of service at least 3 days before the hearing.
2. At the restored hearing the court may exercise any of its powers under rule 52.4.