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Use UCPR [Form 51] if you have a judgment against an individual for the payment of money and you want to obtain information about the judgment debtor’s individual financial circumstances.
The examination notice requires the judgment debtor to:
✅ Answer questions about their financial circumstances, and
✅ Provide you with copies of documents about their financial circumstances.
You MUST issue an examination notice before you can apply for an order for examination, unless your proceedings are in the Supreme Court, (see s 108(3) of the Civil Procedure Act 2005 (NSW) and UCPR 38.3).
You do not have to file the examination notice or get the court’s permission to issue the examination notice.
You can post the examination notice to the judgment debtor’s address.
You MUST give the judgment debtor at least 28 days to respond to the examination notice.
You can apply to the court for an examination order if the judgment debtor does not, within the time you have allowed:
✅ Respond to the examination notice, or
✅ Sufficiently respond to your questions and requests for information
✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;
✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;
✅ For use in all NSW Court registries for all NSW Courts including Local (General & Small Claims), District (All Lists^), Supreme (Common Law & Equity Divisions) and all Appeals to the NSW Court of Appeal.
Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.
➲ We recommend you contact our legal team to obtain legal advice and guidance regarding which:
⚖️ Forms are required due to the type of claim being made; and which
⚖️ NSW Courts Practice Note (if any) applies; and accordingly which
⚖️ Documents MUST or may be filed in support; as well as
✅ To ensure you have the best chance of obtaining a successful outcome.
Further reading: See UCPR 38.1 for more information.
Important Notes:
Pricing does not include Court filing fees.
The party filing this Form is required to serve a copy of the filed Form together with all other filed documents on all other parties to the proceeding.
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