{"id":"enforcement-of-judgments-act-1991","name":"Enforcement of Judgments Act 1991","slug":"enforcement-of-judgments-act-1991","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31989,"registerId":"sa-enforcement-of-judgments-act-1991-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Enforcement of Judgments Act 1991","content":"South Australia\nEnforcement of Judgments Act 1991\nAn Act to make provision for the enforcement of judgments; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Monetary judgments\n3A\tInvestigation notices\n4\tInvestigation of judgment debtor's financial position\n5\tOrder for payment of instalments etc\n6\tGarnishee orders\n7\tSeizure and sale of property\n8\tCharging orders\n9\tAppointment of receiver\n10\tEnforcement of monetary judgments in rem\nPart 3—Non-monetary judgments\n11\tAuthority to take possession of property\n12\tEnforcement of judgments by proceedings in contempt\n13\tExecution of instruments by order of the court\nPart 4—Miscellaneous\n14\tAbsconding debtors\n15\tExecution against unincorporated associations\n16\tRights of purchaser of property sold in execution\n17\tStay of execution\n18\tExercise of powers\n19\tRules of court\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Enforcement of Judgments Act 1991.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nbusiness debt means a debt incurred in the course of carrying on a business;\ncourt means—\n\t(a)\tthe Supreme Court; or\n\t(b)\tthe District Court; or\n\t(c)\tthe Magistrates Court;\njudgment includes an order, declaration or decree;\njudgment debt includes the costs of enforcing the judgment under this Act;\njudgment creditor includes a person to whom the benefit of a monetary judgment has passed (by assignment or in any other way);\njudgment debtor includes any person against whom a monetary judgment is enforceable;\nland includes premises (including residential premises);\nmonetary judgment means a judgment for the payment of a sum of money (whether or not the judgment provides for any other form of relief);\nsale of property includes conversion of the property into money by any appropriate means.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\nPart 2—Monetary judgments\n3A—Investigation notices\n\t(1)\tA judgment creditor may, by notice in writing served on a judgment debtor (an investigation notice), require the judgment debtor to do either or both of the following:\n\t(a)\tto provide answers to specified questions relating to the judgment debtor's means of satisfying the judgment (material questions);\n\t(b)\tto produce for inspection by the judgment creditor specified documents relating to material questions.\n\t(2)\tAn investigation notice must specify the period (being not less than 28 days) within which its requirements must be complied with.\n\t(3)\tAn investigation notice must comply with any other requirements set out in the rules of the relevant court.\n\t(4)\tIf information or a document is provided to a person in accordance with an investigation notice under this section, a person who uses the information or document for a purpose other than assessing a judgment debtor's means of satisfying a judgment is guilty of an offence.\nMaximum penalty: $5 000.\n4—Investigation of judgment debtor's financial position\n\t(1)\tThe court may, on application by the judgment creditor, investigate the judgment debtor's means of satisfying a monetary judgment.\n\t(2)\tThe court will, on application by the judgment creditor, issue a summons to require the judgment debtor or any other person who may be able to assist with the investigation to appear for examination before the court or to produce documents relevant to the investigation to the court.\n\t(3)\tA summons under subsection (2) must be served personally.\n\t(4)\tIf a person fails to appear as required by the summons, the court may issue a warrant to have the person arrested and brought before the court.\n5—Order for payment of instalments etc\n\t(1)\tThe court may, on application by a judgment creditor, order the judgment debtor—\n\t(a)\tto pay the judgment debt immediately or within a period specified by the court; or\n\t(b)\tto pay such instalments towards the satisfaction of the judgment debt as the court specifies in the order.\n\t(2)\tAn order can only be made against a natural person under subsection (1) if—\n\t(a)\tthe court has conducted an investigation into the judgment debtor's means of satisfying the judgment; or\n\t(b)\tthe court is satisfied that there are, in the circumstances of the case, proper reasons for dispensing with such an investigation.\n\t(3)\tIn making such an order against a natural person, the court should have due regard to evidence placed before it as to—\n\t(a)\tthe judgment debtor's means of satisfying the judgment; and\n\t(b)\tthe necessary living expenses of the judgment debtor and his or her dependants; and\n\t(c)\tother liabilities of the judgment debtor,\nand 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.\n\t(4)\tThe court may, on application by a judgment creditor or a judgment debtor, rescind, suspend or vary an order under subsection (1).\n\t(5)\tIf 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.\n\t(6)\tIf 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.\n\t(7)\tIf, 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).\n\t(8)\tIf 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.\n6—Garnishee orders\n\t(1)\tThe court may, on application by a judgment creditor (which may be made without notice) order that—\n\t(a)\tmoney owing or accruing to the judgment debtor from a third person; or\n\t(b)\tmoney of the judgment debtor in the hands of a third person (including money in an ADI account),\nbe attached to answer the judgment and paid to the judgment creditor.\n\t(1a)\tExcept where the court orders otherwise, the garnishee must pay money subject to attachment directly to the judgment creditor in accordance with the rules of the relevant court.\n\t(2)\tWithout limiting the orders that may be made under subsection (1) but subject to subsections (2a) and (2b), the court may, without the consent of the judgment debtor and, to the extent the court considers appropriate, make an order under subsection (1) attaching salary or wages.\n\t(2a)\tThe amounts under 1 or more orders made in accordance with subsection (2) must not, in total, reduce the net weekly amount of any wage or salary received by the judgment debtor from the garnishee to less than the designated amount.\n\t(2b)\tIn particular, if the court is satisfied that the amount earned by a judgment debtor in salary or wages varies significantly from period to period during a year (for example, due to the casual nature of their employment), the court must take that matter into account in order to ensure that the amounts under 1 or more orders made in accordance with subsection (2) do not, in total, reduce the net weekly amount of any wage or salary received by the judgment debtor from the garnishee to less than the designated amount during the period to which the order or orders relate.\n\t(2c)\tAn order may be made under subsection (1) attaching money held in a term deposit.\n\t(2d)\tFor the purposes of subsection (2c), an order attaching money held in a term deposit attaches to the term deposit at the time the order is made (whether or not the term deposit has matured) but the liability to pay the garnisheed amount is not incurred until the term deposit matures or is terminated by the debtor.\n\t(3)\tIf an order is made under this section on an application made without notice to the judgment debtor or the garnishee (or both), the following provisions apply:\n\t(a)\tthe order will operate to restrain the garnishee from dealing with money to which the order relates until both the judgment debtor and the garnishee have had an opportunity to be heard in the proceedings;\n\t(b)\tthe court will adjourn the proceedings to give the judgment debtor and the garnishee an opportunity to be heard;\n\t(c)\tat the adjourned hearing the court will allow the judgment creditor and the garnishee to give evidence or make representations (or both);\n\t(d)\tafter consideration of the evidence and representations (if any), the court will confirm, vary or revoke the order.\n\t(4)\tIn deciding whether to make, vary or confirm an order under this section affecting money of a natural person, the court should have due regard to any evidence placed before it as to—\n\t(a)\tthe judgment debtor's means of satisfying the judgment; and\n\t(b)\tthe necessary living expenses of the judgment debtor and his or her dependants; and\n\t(c)\tother liabilities of the judgment debtor.\n\t(5)\tAn order under this section may authorise the garnishee to retain from the money subject to attachment a reasonable sum, fixed in the order, as compensation for the garnishee's expenses in complying with the order.\n\t(6)\tIf the garnishee does not comply with an order under this section—\n\t(a)\tthe garnishee commits a contempt of the court by which the order was made; and\n\t(b)\tthe garnishee becomes personally liable for payment to the judgment creditor of the amount subject to attachment.\n\t(7)\tIf, because a garnishee order has been made in relation to an employee, the employer—\n\t(a)\tdismisses the employee; or\n\t(b)\tinjures the employee in employment; or\n\t(c)\talters the employee's position to the employee's prejudice,\nthe employer is guilty of an offence.\nPenalty: Division 5 fine.\n\t(7a)\tIn this section—\ndesignated amount means the amount that is 90% of the weekly national minimum wage set out in the national minimum wage order made (from time to time) under section 285 of the Fair Work Act 2009 of the Commonwealth;\nnet weekly amount, in relation to any wage or salary payable to a judgment debtor, means the amount payable each week to the judgment debtor after deducting any taxes or other sums that, pursuant to any Act (including any Commonwealth Act), are required to be deducted from any such money.\n7—Seizure and sale of property\n\t(1)\tThe court may, on application by a judgment creditor, issue a warrant of sale authorising seizure and sale of a judgment debtor's real or personal property (or both) to satisfy a monetary judgment.\n\t(2)\tThe seizure and sale of personal property that could not be taken in bankruptcy proceedings against the judgment debtor cannot be authorised.\n\t(2a)\tThe sheriff may, on a warrant being issued under this section, by notice in writing served on a judgment debtor, require the judgment debtor to provide to the sheriff such information or documents relating to the interests of third parties in specified real or personal property owned by the judgment debtor as may be specified in the notice.\n\t(2b)\tThe sheriff may, on a warrant being issued under this section, by notice in writing served on a person other than a judgment debtor who the sheriff reasonably believes has or may have an interest in real or personal property owned by the judgment debtor, require the person to disclose to the sheriff—\n\t(a)\tthe nature of the interest; and\n\t(b)\tif the interest is a security over the property—\n\t(i)\tthe amount secured against the property; and\n\t(ii)\tthe amount outstanding under the security; and\n\t(iii)\tthe amount and rate of interest accruing; and\n\t(iv)\tany change that occurs to the terms of the security; and\n\t(c)\tthe amount of money that is owed to the person in relation to the property; and\n\t(d)\tany other information specified by the sheriff (being information that the sheriff considers relevant to the sheriff's duties and functions under this section).\n\t(2c)\tA notice under this section must comply with any requirements set out in the rules of the relevant court.\n\t(2d)\tA person who refuses or fails to comply with a requirement of a notice under this section is guilty of an offence.\nMaximum penalty: $5 000.\n\t(3)\tThe sheriff may, in relation to a warrant under this section, do any or all of the following:\n\t(a)\tenter land (using such force as may be necessary for the purpose) on which property to which the warrant relates, or documents evidencing title to such property, is situated;\n\t(b)\tseize and remove such property or documents;\n\t(c)\tretain such property or documents until completion of the sale;\n\t(d)\tsell any property to which the warrant relates (whether or not the sheriff has first taken steps to obtain possession of the property);\n\t(e)\twhere the warrant authorises the sale of land—\n\t(i)\ttake such steps as the sheriff considers necessary to prevent persons from entering the land; or\n\t(ii)\tby notice in writing direct a specified person to leave, or not to enter or attempt to enter, (or both) the land until completion of the sale;\n\t(f)\tif a person refuses to comply with a direction given under paragraph (e)(ii), or a person on the land is behaving in an unlawful manner—\n\t(i)\tremove the person from the land using such force as is reasonably necessary for the purpose; or\n\t(ii)\tcause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable;\n\t(g)\tgive such other directions, or exercise such other powers, as may be set out in the rules of the relevant court for the purposes of this paragraph.\n\t(3a)\tThe sheriff may, by notice in writing, vary or revoke a direction under subsection (3).\n\t(3b)\tA person who contravenes or fails to comply with a direction under subsection (3) is guilty of an offence.\nMaximum penalty: $5 000.\n\t(4)\tThe sheriff may, in appropriate cases, leave a judgment debtor in possession of property until it is sold in pursuance of the warrant.\n\t(5)\tSubject to any contrary direction by the court—\n\t(a)\tthe sale of real property or tangible personal property will be by public auction (but if no bid that the sheriff considers acceptable is made at auction, the sheriff may proceed to sell the property by private treaty for a price not less than the highest bid);\n\t(b)\tif there is a reasonable possibility of satisfying the judgment debt out of personal property, the sheriff should sell personal property before proceeding to sell real property.\n\t(6)\tWhere any part of the judgment debtor's property consists of intangible property, the sheriff may sign any transfer or do anything else necessary to convert that property into money.\n\t(7)\tWhere property of the judgment debtor seized in pursuance of the warrant consists of a bank note or other money, the sheriff must, unless it has a value greater than its face value, hand it over to the judgment creditor in full or partial satisfaction of the judgment.\n8—Charging orders\n\t(1)\tA court may, on application by a judgment creditor, charge property of a judgment debtor with a judgment debt or part of a judgment debt.\n\t(2)\tWhere the court makes an order under subsection (1), it may make ancillary or consequential orders—\n\t(a)\trequiring registration of the charge; or\n\t(b)\tprohibiting or restricting dealings with the property subject to the charge; or\n\t(c)\tproviding for the sale of the property and the application of the proceeds of sale; or\n\t(d)\trelating to any other incidental or consequential matters.\n9—Appointment of receiver\n\t(1)\tThe court may, on application by a judgment creditor, appoint a receiver for the purpose of enforcing a judgment.\n\t(2)\tA receiver may be appointed even though no other proceedings have been taken for enforcement of the judgment.\n\t(3)\tWhere a receiver is appointed, the court may make orders—\n\t(a)\tconferring on the receiver powers—\n\t(i)\tto take charge of property of the judgment debtor;\n\t(ii)\tto dispose of property of the judgment debtor;\n\t(iii)\tto divert income (other than income from employment or a pension) towards satisfaction of the judgment debt;\n\t(iv)\tto take charge of, and carry on, a business of the judgment debtor and apply proceeds from the business towards satisfaction of the judgment debt;\n\t(v)\tto do anything reasonably necessary for, incidental to, or consequential on, the above; or\n\t(b)\tproviding for accounts to be rendered by the receiver; or\n\t(c)\tproviding for the remuneration of the receiver; or\n\t(d)\trelating to any other incidental or consequential matter.\n\t(4)\tA receiver's powers operate to the exclusion of the judgment debtor's powers.\n10—Enforcement of monetary judgments in rem\nWhere a court gives a monetary judgement against a vessel or other object, the court may authorise its seizure and sale.\nPart 3—Non-monetary judgments\n11—Authority to take possession of property\n\t(1)\tThe court may, on application by a person in whose favour a judgment for recovery or delivery up of possession of property has been given, issue a warrant of possession authorising the sheriff to take possession of the property and deliver it into the applicant's possession.\n\t(2)\tIn executing the warrant, the sheriff may—\n\t(a)\tif the warrant relates to land—enter the land and eject from the land any person who is not lawfully entitled to be on the land; or\n\t(b)\tif the warrant relates to personal property—enter land and seize and take possession of the property,\nusing appropriate means and such force as may be reasonably necessary in the circumstances.\n\t(3)\tA person who resumes possession of land or other property that is taken from the person under this section commits a contempt of the court by which the warrant was granted.\n12—Enforcement of judgments by proceedings in contempt\n\t(1)\tWhere a party is, by judgment of a court, ordered to do, or to refrain from doing, an act and the party contravenes or fails to comply with the judgment, the court may, on the application of the party entitled to the benefit of the judgment, issue a warrant to have the person arrested and brought before the court to be dealt with for a contempt of the court.\n\t(1a)\tFor the purpose of executing a warrant issued under this section, the sheriff may enter or, where necessary, break into land where the sheriff reasonably suspects the person may be present, using such force as is reasonably necessary for the purpose.\n\t(2)\tA person cannot be dealt with under this section for failure to pay a monetary sum.\n13—Execution of instruments by order of the court\n\t(1)\tIf execution or endorsement of a document by a party to an action is necessary in order to give effect to a judgment, the court may—\n\t(a)\torder the party to execute or endorse the document; or\n\t(b)\tauthorise an officer of the court to execute or endorse the document on behalf of the party.\n\t(2)\tA document executed or endorsed by an officer of the court has effect as if executed or endorsed by the party.\nPart 4—Miscellaneous\n14—Absconding debtors\n\t(1)\tIf—\n\t(a)\ta plaintiff has brought an action in a court for recovery of a monetary sum; and\n\t(b)\tthere are grounds for believing—\n\t(i)\tthat the defendant is about to leave the State; and\n\t(ii)\tthat 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,\nthe 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.\n\t(2)\tIf, 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.\n\t(3)\tIf 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.\n15—Execution against unincorporated associations\nWhere a monetary judgment is against a partnership or other unincorporated association, the judgment may be enforced—\n\t(a)\tagainst the partnership property or the common property of the association; or\n\t(b)\tagainst the property of any person who is liable for the debts of the partnership or association.\n16—Rights of purchaser of property sold in execution\n\t(1)\tThe purchaser of property sold by authority of a court acquires a good title to the property subject only to registered interests and interests of which public notice has been given pursuant to statute.\n\t(2)\tIf, before the date of sale of property, a person claims to have an unregistered interest in the property, and gives notice of the claim in accordance with the rules of the relevant court, the sheriff must, if the claim is not disputed or the court orders the sheriff to recognise the validity of the claim—\n\t(a)\tpay the claimant out of the proceeds of the sale of the property, a sum sufficient to satisfy the claim; or\n\t(b)\twhere appropriate to do so, withdraw the property from sale and give possession of it to that person.\n17—Stay of execution\nA party against whom a judgment has been given may apply to the court for a stay of execution, and the court may, if satisfied that there is a proper reason for granting the stay, grant the stay on such terms as it considers appropriate.\n18—Exercise of powers\n\t(1)\tA court may, by its rules, delegate any of its powers under this Act to officers of a class designated in the delegation.\n\t(2)\tA person dissatisfied with a decision made by an officer acting in pursuance of such a delegation may, subject to the rules, apply to the appropriate court for a review of the decision and, on such a review, the court may confirm, vary or reverse the decision.\n19—Rules of court\n\t(1)\tRules of court may be made under the Supreme Court Act 1935 on any subject contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tRules of court may be made under the District Court Act 1991 on any subject contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(3)\tRules of court may be made under the Magistrates Court Act 1991 on any subject contemplated by, or necessary or expedient for the purposes of, this Act.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1991\n80\nEnforcement of Judgments Act 1991\n12.12.1991\n6.7.1992 (Gazette 2.7.1992 p209)\n1993\n62\nStatutes Amendment (Courts) Act 1993\n27.5.1993\nss 27 & 28—1.7.1993 (Gazette 24.6.1993 p2047)\n1994\n43\nStatutes Amendment (Courts) Act 1994\n2.6.1994\n9.6.1994 (Gazette 9.6.1994 p1669)\n1996\n67\nStatutes Amendment (Attorney-General's Portfolio) Act 1996\n15.8.1996\ns 19—17.10.1996 (Gazette 17.10.1996 p1361)\n1997\n59\nStatutes Amendment (Attorney-General's Portfolio) Act 1997\n31.7.1997\nPt 3 (s 5)—14.9.1997 (Gazette 11.9.1997 p704)\n1999\n33\nFinancial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 20)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n2012\n17\nStatutes Amendment (Attorney-General's Portfolio) Act 2012\n24.5.2012\nPt 6 (s 16)—5.8.2012 (Gazette 2.8.2012 p3302)\n2023\n12\nStatutes Amendment (Civil Enforcement) Act 2023\n30.3.2023\nPt 2 (ss 3 to 5)—18.9.2023 (Gazette 10.8.2023 p2955)\n2025\n58\nFines Enforcement and Debt Recovery (Miscellaneous) Amendment Act 2025\n27.11.2025\nSch 1 (cll 3, 4 & 6)—1.8.2026 (Gazette 5.2.2026 p196)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\njudgment debt\ninserted by 62/1993 s 27\n1.7.1993\nPt 2\n\n\ns 3A\ninserted by 12/2023 s 3\n18.9.2023\ns 5\n\n\ns 5(8)\namended by 67/1996 s 19\n17.10.1996\ns 6\n\n\ns 6(1)\namended by 33/1999 Sch (item 20)\n1.7.1999\ns 6(1a)\ninserted by 12/2023 s 4(1)\n18.9.2023\ns 6(2)\nsubstituted by 12/2023 s 4(2)\n18.9.2023\ns 6(2a)—(2d)\ninserted by 12/2023 s 4(2)\n18.9.2023\ns 6(7a)\ninserted by 12/2023 s 4(3)\n18.9.2023\ns 7\n\n\ns 7(2a)—(2d)\ninserted by 12/2023 s 5(1)\n18.9.2023\ns 7(3)\nsubstituted by 12/2023 s 5(2)\n18.9.2023\ns 7(3a)\ninserted by 62/1993 s 28\n1.7.1993\n\nsubstituted by 12/2023 s 5(2)\n18.9.2023\ns 7(3b)\ninserted by 12/2023 s 5(2)\n18.9.2023\ns 7(7)\ninserted by 43/1994 s 16\n9.6.1994\nPt 3\n\n\ns 11\n\n\ns 11(2)\nsubstituted by 17/2012 s 16\n5.8.2012\nPt 4\n\n\ns 12\n\n\ns 12(1a)\ninserted by 59/1997 s 5\n14.9.1997\nTransitional etc provisions associated with Act or amendments\nStatutes Repeal and Amendment (Courts) Act 1991\n8—Non-application of certain Imperial Acts\nThe following Acts of the Imperial Parliament have no further force or effect in the State:\n56 Geo III c. 50\n8 Anne c. 14.\n21—Transitional provisions—Enforcement of judgments\n\t(1)\tA judgment given by a local court of full jurisdiction will be regarded as a judgment of the District court and is enforceable under the Enforcement of Judgments Act 1991.\n\t(2)\tA judgment given by a local court of limited or special jurisdiction will be regarded as a judgment of the Magistrates Court and is enforceable under the Enforcement of Judgments Act 1991.\n\t(3)\tAny proceedings for enforcement of a judgment commenced before the commencement of this Act may be continued and completed under the law in force at the time of the commencement of those proceedings.\nHistorical versions\nReprint No 1—1.7.1993\n\nReprint No 2—9.6.1994\n\nReprint No 3—17.10.1996\n\nReprint No 4—14.9.1997\n\nReprint No 5—1.7.1999\n\n5.8.2012\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s scope has been changed by subsequent amendments recorded in the legislative history. Notable additions and amendments include the insertion of an investigation‑notice power (s 3A inserted by 12/2023 s 3), changes to garnishee provisions including express treatment of ADI accounts, term deposits and wage protections (s 6 amended/expanded by 12/2023 s 4(1)–(3)), and additions to sheriff powers and notice requirements regarding third‑party interests (s 7(2a)–(2d) inserted by 12/2023 s 5(1)). Other changes include substitution of s 11(2) in 2012 and earlier adjustments to related provisions (legislative history). These amendments extend and clarify enforcement tools, third‑party disclosure powers and protections for debtors’ variable wages, thereby broadening the Act’s operational scope from its original 1991 form (see legislative history entries cited in the Act)."},"complexity_factors":["Multiple enforcement mechanisms (investigation notices, garnishee, seizure/sale, charging orders, receivership, contempt) that interact across provisions (Parts 2–3).","Procedural detail and thresholds delegated to rules of court and to officers (s 18, s 19), increasing reliance on subordinate instruments.","Third‑party impacts and liabilities (garnishee liability, employer offences, sheriff notices to third parties) create cross‑actor complexity (s 6, s 7).","Statutory protections and exceptions (bankruptcy-related limits on seizure s 7(2); wage protections s 6(2a)–(2b); exclusion of employment/pension from receiver income diversion s 9(3)(iii)).","Criminal and civil consequences mixed in enforcement (offences with monetary penalties, contempt, limited imprisonment) requiring different procedural safeguards (s 3A(4), s 5(7), s 7(2d), s 6(7)).","Recent amendments and historical layering (new sections and substitutions) mean parts of the Act were added or rewritten at different times, creating interpretive complexity (legislative history)."],"plain_english_summary":"What this law does (mechanically)\n\n- Gives courts a set of tools to enforce money judgments and orders for possession or other non-monetary relief. Key mechanisms include:\n  - Written investigation notices requiring a judgment debtor to answer questions or produce documents (s 3A).\n  - Court-ordered examinations and summonses to investigate a debtor’s means (s 4).\n  - Court orders requiring immediate payment or payment by instalments, and sanctions (including limited imprisonment for non‑compliance after examination) (s 5).\n  - Garnishee orders that attach money owed to, or held for, a judgment debtor (including bank/ADI accounts and term deposits) (s 6).\n  - Warrants authorising seizure and sale of real and personal property, and associated sheriff powers to enter land, seize and sell (s 7).\n  - Charging orders that place a charge over a debtor’s property (s 8).\n  - Appointment of receivers with powers to take charge of property, divert certain income, or run a debtor’s business for the purpose of satisfying a judgment (s 9).\n  - Seizure and sale of vessels or other objects when judgment is given against them (s 10).\n  - Warrants of possession to restore property to a person entitled by judgment (s 11), and contempt/warrants for non‑compliance with non‑monetary orders (s 12).\n  - Power for the court to order execution or endorsement of documents if needed to give effect to a judgment (s 13).\n\nWho it affects and who decides\n\n- Judgment creditors (people or entities awarded a monetary judgment or assigned the benefit of one) can initiate most enforcement steps (defined: judgment creditor, judgment debt) and apply to court for orders and warrants (s 3A, s 4, s 5, s 6, s 7, s 8, s 9).\n- Judgment debtors must answer investigation notices, attend court examinations, make payments required by orders, and may lose property or be imprisoned for contempt in narrow circumstances (s 3A, s 4, s 5, s 7).\n- Third parties (garnishees, banks/ADIs, employers, persons with interests in property) can be required to produce documents or pay money to a judgment creditor and can become directly liable if they disobey garnishee orders (s 6(1), s 6(6), s 7(2b)).\n- Sheriffs and court officers execute seizures, arrests, and sales and have statutory powers to enter land, detain, seize and sell property (s 7(3), s 11(2), s 12(1a)).\n- Courts (Supreme, District, Magistrates) decide whether enforcement orders should be made, and rules of court govern procedural detail; courts may delegate powers to officers and rules allow review of delegated decisions (s 3, s 18, s 19).\n\nOfficial purpose-claims (as stated in the instrument)\n\n- The Act provides a legal framework for enforcement of judgments and related processes. The statutory provisions describe the available enforcement mechanisms and procedural safeguards (long title; Parts 2–4).\n\nCosts, incentives, trade-offs, implementation risks and compliance burdens (source‑grounded)\n\n- Compliance burdens on judgment debtors: investigation notices can require answers and documentary production with a minimum 28‑day compliance period (s 3A(1)–(2)); failing to comply with sheriff notices about third‑party interests is an offence (maximum penalty $5,000) (s 7(2d)).\n- Penalties for misuse and disclosure limits: using information provided under an investigation notice for a purpose other than assessing means is an offence (maximum penalty $5,000) (s 3A(4)).\n- Payment and imprisonment mechanics: courts may order payment immediately or by instalments, but for orders against natural persons the court must normally first investigate means (s 5(1)–(2)). If, after examination, a debtor is found to have without proper excuse failed to comply, imprisonment up to 40 days is available (s 5(7)), with discharge on payment of the debt or arrears (s 5(8)).\n- Effects on third parties and private contracts: garnishee orders can attach money held by third parties including ADI accounts and term deposits; an order attaching a term deposit attaches at the time of order but the garnishee’s liability does not arise until maturity or termination (s 6(1), s 6(2c)–(2d)).\n- Protections and limits for debtors’ living standards: where orders would affect wages, the court must ensure net weekly pay does not fall below the designated amount (90% of the weekly national minimum wage) and must account for variable income patterns (s 6(2a)–(2b); s 6(7a)).\n- Third‑party liability and employer restrictions: garnishees who disobey orders commit contempt and become personally liable to the judgment creditor (s 6(6)). Employers who dismiss or otherwise injure employees because of garnishee orders commit an offence (s 6(7)).\n- Sheriff powers and use of force: sheriffs may enter land using necessary force, seize property, exclude people from land pending sale, and, if necessary, detain persons to hand to police (s 7(3)(a)–(f)). Non‑compliance with sheriff directions attracts penalties (s 7(3b), max $5,000).\n- Limits on seizure: property that could not be taken in bankruptcy cannot be seized (s 7(2)). This creates a statutory constraint relating enforcement to the bankruptcy regime.\n- Discretion and administrative design: courts can make detailed rules and may delegate powers to officers; delegated decisions are reviewable under rules (s 18(1)–(2), s 19). This concentrates procedural design in court rules rather than in primary legislation.\n\nHow private behaviour is likely to change (mechanism not prediction)\n\n- Creditors gain a range of options to recover monetary judgments (written investigations, garnishee, seizure, charging orders, receivership) and may choose remedies based on speed, cost and the nature of debtor assets (s 3A, s 6–9).\n- Debtors face document disclosure, examinations and the risk of property seizure; where ordered to pay by instalments, failure to comply after examination can lead to imprisonment for a limited term (s 3A, s 4, s 5).\n- Third parties holding funds or interests in property may need to respond to court or sheriff notices and may become directly liable if they ignore orders (s 6(1), s 6(6), s 7(2b)).\n\nConcentrated benefits, diffuse costs and potential substitution effects (source‑grounded)\n\n- The statute concentrates a direct enforcement benefit on judgment creditors (the party entitled to a judgment) who can apply for and obtain enforcement instruments (multiple sections across Part 2). Costs (compliance, potential loss of assets or income) fall primarily on judgment debtors and on third parties holding or owing funds to debtors.\n- The text creates substitution possibilities among enforcement tools (for example, a creditor may seek garnishee relief without notice initially, subject to later court scrutiny under s 6(3)), shifting creditor strategy between immediate restraint of funds and longer processes like seizure and sale (s 6(1), s 6(3), s 7).\n\nImplementation risk and administrative burdens\n\n- Practical operation relies heavily on rules of court and sheriff activity; the Act delegates procedural detail to court rules and to officers (s 18, s 19). That concentrates implementation details in subordinate instruments and operational practice.\n- Enforcement uses coercive powers (entry, seizure, detention) carried out by sheriffs and court officers, which creates operational risk around execution, proof of interests, and handling of competing claims to property (s 7(2a)–(3), s 16).\n\nMatters explicitly limited by the Act\n\n- The Act disallows dealing with debtors’ employment income in a way that reduces net weekly pay below the designated amount, and excludes income from employment or pensions from diversion by a receiver (s 6(2a)–(2b), s 9(3)(iii)).\n- Contempt provisions for non‑monetary orders are available, but s 12(2) specifies that a person cannot be dealt with under that contempt provision for mere failure to pay a monetary sum.\n\nSelected section citations used above: s 3A, s 4, s 5, s 6 (including ss 6(1), 6(1a), 6(2)–(2d), 6(3), 6(6)–(7)), s 7 (including ss 7(2)–(3b), 7(2a)–(2d)), s 8, s 9, s 10, s 11, s 12, s 13, s 16, s 18, s 19.\n\n"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope — no legislative text was provided. The content received was solely a website error page from the South Australian legislation portal, with no provisions, schedules, or explanatory materials available for review."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is impossible without actual legislative content","Complexity score reflects absence of content, not simplicity of the underlying Act"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided returned a **\"Page Not Found\"** error from the South Australian legislation website. This means the actual text of the *Enforcement of Judgments Act 1991* (SA) was not available for analysis — only the website's error page was returned.\n\n**What we do know from the title alone:**\nThe *Enforcement of Judgments Act 1991* is a South Australian law that deals with how court judgments (official court decisions ordering someone to pay money or do something) are actually *enforced* — that is, how winners of court cases can collect what they're owed when the losing party doesn't voluntarily comply.\n\n**To access the actual legislation**, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name\n- Updating any bookmarks created before 24 March 2026, as the SA legislation website underwent a restructure at that time\n- Emailing OPCWeb@sa.gov.au to report the broken link"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation retains its original 1991 scope of providing a comprehensive suite of mechanisms to enforce both monetary and non-monetary judgments across South Australian courts. Subsequent amendments, including the 2023 changes, have refined procedures (such as adding investigation notices and updating garnishee and seizure rules) and strengthened debtor protections without materially expanding or altering the core purpose."},"complexity_factors":["Multiple distinct enforcement mechanisms (investigation notices, garnishee orders, warrants of sale, charging orders, receivers, contempt) each with separate preconditions, service rules and limitations","Nested conditions and protections for natural persons, including mandatory regard to living expenses (s 5(3), s 6(4)) and variable-income adjustments in wage garnishment (s 6(2b))","Frequent cross-references to court rules, the Fair Work Act 2009 (Cth) for the designated amount, bankruptcy exemptions (s 7(2)) and other statutes","Detailed offence, contempt and warrant provisions with specific triggers (e.g. two instalments in arrears before imprisonment under s 5(7)) and maximum penalties","Expanded sheriff powers in 2023 amendments requiring third-party disclosures and allowing forced entry or directions, creating layered compliance obligations"],"plain_english_summary":"**Enforcing Court Wins in South Australia**\n\nThe Enforcement of Judgments Act 1991 sets out practical tools for people who have won a court case (judgment creditors) to actually collect what the court awarded them from the losing side (judgment debtors). It covers both money awards and other types of orders, such as handing over property or stopping certain actions.\n\nFor **money judgments**, creditors can:\n- Send investigation notices requiring debtors to answer financial questions or provide documents (with penalties for misusing that information).\n- Ask the court to investigate the debtor's finances, including summoning people for examination.\n- Get orders for immediate payment, instalments (taking into account living costs), or garnishee orders that take money from wages, bank accounts or term deposits (but protecting a minimum weekly income based on 90% of the national minimum wage).\n- Have the sheriff seize and sell the debtor's property (with rules preferring personal property over land and exempting items that could not be taken in bankruptcy).\n- Obtain charging orders over property or appoint a receiver to manage or sell assets.\n\nFor **non-money judgments**, the Act allows warrants to take possession of property, contempt proceedings that can lead to arrest, or court officers signing documents on behalf of uncooperative parties.\n\nIt also covers miscellaneous issues like stopping debtors from leaving the state, enforcing against partnerships, protecting buyers who purchase seized property, and allowing stays of enforcement. The law affects anyone involved in civil cases in South Australia's Supreme Court, District Court or Magistrates Court. It matters because a court victory is meaningless without effective collection methods, while also aiming to prevent unreasonable hardship on debtors through built-in safeguards on expenses and income."}},"importantCases":[],"_links":{"self":"/api/acts/enforcement-of-judgments-act-1991","history":"/api/acts/enforcement-of-judgments-act-1991/history","analysis":"/api/acts/enforcement-of-judgments-act-1991/analysis","conflicts":"/api/acts/enforcement-of-judgments-act-1991/conflicts","importantCases":"/api/acts/enforcement-of-judgments-act-1991/important-cases","documents":"/api/acts/enforcement-of-judgments-act-1991/documents"}}