Means inquiry - Car crashes
How to apply for a means inquiry
To apply for a means inquiry, you will need to fill in and lodge with the court:
- a Form 6 'Application or request to a court', if you are the judgment creditor, or
- a Form 12 'Application for a means inquiry', if you are the judgment debtor and have applied for a suspension order on the basis that you cannot pay the judgment debt.
What to bring to a means inquiry
The judgment debtor will need to complete a statement of financial affairs before the hearing. They must bring the statement of financial affairs and any other documents that help prove their income, debts and the value of their assets.
The judgment debtor must attend the means inquiry. If they do not, the court may serve a warrant for their arrest. They may be brought before the court and may be found in contempt of court if they do not have a good reason for missing the hearing. If the judgment debtor does not provide the correct information in a means inquiry, they risk being fined by the court.
What about Centrelink payments?
Centrelink income is protected under social security laws. This means the judgment debtor cannot be forced to pay a judgment from Centrelink income. (There are exceptions for judgment debts owing to some government departments.)