Serving An Enforcement Hearing Subpoena

An Enforcement Hearing Subpoena (form 2.51) must be served personally. This means that it can only be left with the Enforcement Debtor and cannot be left with anyone else.

An Enforcement Hearing Subpoena must be served on the Enforcement Debtor at least 14 days before the date set for the enforcement hearing. (The first day counted is the day after service.) If you are unable to serve the subpoena in the given time, you should return all of the documents to the Court so that another date can be set and new documents issued.

A copy of the statement of the Enforcement Debtor’s financial position is required to be served with the Enforcement Hearing Subpoena.

The Enforcement Debtor is not required to comply with the subpoena unless you give conduct money to the Enforcement Debtor a reasonable time before the date set for the enforcement hearing. (The amount of conduct money should be enough to cover the travel of the Enforcement Debtor from their residence to the ACT Magistrates Court and return.)

The subpoena can be served by you, a friend or a process server. Proof of service is required. The affidavit of service attached to the subpoena must be completed by the person who serves the subpoena and must state the name of the person who served the subpoena and the date and time at which it was served. The affidavit must be signed before a Justice of the Peace or a solicitor within 14 days of the date of service (otherwise it may render the whole process invalid) and returned to the Court.

You may attend Court on the date and time specified in the enforcement hearing subpoena. However, if the Enforcement Debtor provides the Court with a completed copy of the financial information form at least 8 days before the return date, the court will provide you with a copy of the statement. If you are satisfied with the information supplied, you may advise the Court and the Enforcement Debtor that the Enforcement Debtor is no longer required to attend the enforcement hearing.

If you require any further information please contact the ACT Magistrates Court, Civil Section.