STATUTORY RULES.
1935. No. 63.
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY.
Rules of Court.*
As of Tuesday the twenty fifth day of June ,
a.d., 1935.
PURSUANT to the Seat of Government Supreme Court Act 1933-1935, and to all other powers thereunto enabling, it is ordered as follows:—
Examination of judgment debtors.
1. Where a judgment or order is for recovery or payment of money, the party entitled to enforce it may apply ex parte to the Court or Judge by summons for an order that the debtor liable under such judgment or order, or in the case of a corporation, that any officer thereof, be orally examined as to whether any and what debts are owing to the debtor, and whether the debtor has any and what other property or means of satisfying the judgment or order, before the Registrar or other officer of the Court, as the Court or Judge appoints, and the Court or Judge may make an order for the attendance and examination of such debtor, or of any other person, and for the production of any books or documents.
Costs.
2. The costs of any application under the last preceding rule and of any proceedings arising from or incidental thereto shall be in the discretion of the Court or Judge, or in the discretion of the Registrar or other officer if the Court or Judge so directs.
Attendance of applicant not required.
3. It shall not be necessary for a person applying for an order under rule 1 of these Rules to appear personally, or by solicitor or counsel.
* Notified in the Commonwealth Gazette on , 1935.
Judge of the Supreme Court under the Seat of Government Supreme Court Act 1933-1935.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2584.—6/19.6.1935.—Price 3d.
Overview
The Supreme Court of the Australian Capital Territory Rules of Court, enacted in 1935, address the procedural mechanisms for enforcing monetary judgments and orders within the territory. These rules were established under the authority of the Seat of Government Supreme Court Act 1933-1935, reflecting the legislative intent to provide a structured approach for handling monetary judgments and ensuring that creditors can pursue their claims effectively. The rules empower the court to order the examination of judgment debtors to ascertain their financial status and assets, thereby facilitating the enforcement of judgments and providing a means for creditors to recover owed amounts. The overarching policy objective is to streamline the enforcement process, making it more efficient and ensuring that the rights of judgment creditors are adequately protected.
Scope and Application
The Rules of Court issued under the Seat of Government Supreme Court Act 1933-1935 apply to the Supreme Court of the Australian Capital Territory, governing the procedures and processes for examination of judgment debtors. These rules apply to individuals and corporate entities who are debtors liable under a judgment or order for the recovery or payment of money. The rules allow for an ex parte application to the Court or a Judge by the party entitled to enforce the judgment, seeking an order for the debtor or an officer of the corporation to be examined regarding their debts and property to satisfy the judgment. The scope of the Act extends to the territory of the Australian Capital Territory and is limited to matters involving monetary judgments. The rules provide discretion to the Court or Judge in determining costs for the application and any subsequent proceedings, and also allow for the examination to occur in the absence of the applicant. The rules do not specify any exclusions, exemptions, or thresholds and rely on subordinate instruments to further extend or restrict their application.
Key Provisions
The Supreme Court of the Australian Capital Territory Rules of Court, specifically Rule 1, allows a party entitled to enforce a judgment or order for the recovery or payment of money to apply to the Court or Judge for an order that the debtor, or in the case of a corporation, any officer thereof, be orally examined. This examination can occur before the Registrar or another officer appointed by the Court or Judge, to ascertain if any debts are owed to the debtor and whether the debtor has any property or means of satisfying the judgment or order. The Court or Judge may make an order for the debtor's or any other person's attendance and examination, and for the production of relevant books or documents (Rule 1). The costs of any application under this rule, and of any proceedings arising from or incidental thereto, are to be determined by the Court or Judge, or by the Registrar or other officer if the Court or Judge so directs (Rule 2). Notably, a person applying for an order under Rule 1 is not required to appear personally or through a solicitor or counsel (Rule 3).
The obligations imposed by these rules include the duty of the party entitled to enforce the judgment to apply to the Court or Judge for an examination order. The debtor or relevant corporate officer must then attend and be examined, and produce any relevant books or documents as required. The Court or Judge must then decide whether to grant the examination order, while the Registrar or other officer appointed by the Court or Judge is responsible for conducting the examination and ensuring the debtor's compliance with the order. Additionally, the Court or Judge, or the Registrar or other officer, must determine the costs of the application and any related proceedings, as per Rule 2.
Breach of these rules may have civil consequences, particularly in relation to the enforcement of the costs order. If the debtor or relevant corporate officer fails to attend and be examined, or refuses to produce relevant books or documents, the Court may consider this contempt of court, which could result in further enforcement actions or penalties. The maximum penalties for such breaches are not explicitly stated in the provided text, but they would likely be determined by the Court in light of the circumstances and applicable laws.