South Australian Current Acts

ENFORCEMENT OF JUDGMENTS ACT 1991 - SECT 5

5—Order for payment of instalments etc

        (1)         The court may, on application by a judgment creditor, order the judgment debtor—

            (a)         to pay the judgment debt immediately or within a period specified by the court; or

            (b)         to pay such instalments towards the satisfaction of the judgment debt as the court specifies in the order.

        (2)         An order can only be made against a natural person under subsection (1) if—

            (a)         the court has conducted an investigation into the judgment debtor's means of satisfying the judgment; or

            (b)         the court is satisfied that there are, in the circumstances of the case, proper reasons for dispensing with such an investigation.

        (3)         In making such an order against a natural person, the court should have due regard to evidence placed before it as to—

            (a)         the judgment debtor's means of satisfying the judgment; and

            (b)         the necessary living expenses of the judgment debtor and his or her dependants; and

            (c)         other liabilities of the judgment debtor,

and where satisfactory evidence is placed before the court on those subjects the court should frame its order so as to ensure that it does not impose unreasonable obligations on the judgment debtor.

        (4)         The court may, on application by a judgment creditor or a judgment debtor, rescind, suspend or vary an order under subsection (1).

        (5)         If a judgment debtor (being a natural person) fails to comply with an order under subsection (1), the court will, on application by the judgment creditor, issue a summons (which must be served personally) to require the judgment debtor to appear for examination before the court.

        (6)         If a judgment debtor fails to appear as required by the summons, the court may issue a warrant to have the judgment debtor arrested and brought before the court for examination.

        (7)         If, after examination of a judgment debtor, the court is satisfied that the judgment debtor has, without proper excuse, failed to comply with the order under subsection (1), the court may commit the judgment debtor to prison for not more than 40 days (but if the order is for payment by instalments, an order for imprisonment cannot be made unless at least two instalments are in arrears).

        (8)         If payment of the judgment debt or all arrears of instalments (as the case requires) is made, the judgment debtor must be discharged from custody even though the period of imprisonment has not expired.