South Australian Current Acts

ENFORCEMENT OF JUDGMENTS ACT 1991 - SECT 14

14—Absconding debtors

        (1)         If—

            (a)         a plaintiff has brought an action in a court for recovery of a monetary sum; and

            (b)         there are grounds for believing—

                  (i)         that the defendant is about to leave the State; and

                  (ii)         that the defendant's absence from the State would seriously prejudice the plaintiff's prospects of enforcing a judgment that has been, or may be, given in that plaintiff's favour,

the court may issue a summons requiring the defendant to appear for examination before the court, or issue a warrant to have the defendant arrested and brought before the court, for examination.

        (2)         If, after examination of the defendant, the court is satisfied that there is good reason for doing so, it may require the defendant to give security for the satisfaction of any judgment that has been or may be given in the plaintiff's favour.

        (3)         If a defendant fails without proper excuse to comply with a requirement under subsection (2), the defendant commits a contempt of the court by which the requirement was imposed.