{"id":"supreme-court-absconding-debtors-rules-1980","name":"SUPREME COURT (ABSCONDING DEBTORS) RULES 1980","slug":"supreme-court-absconding-debtors-rules-1980","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177156,"registerId":"nt-supreme-court-absconding-debtors-rules-1980-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"SUPREME COURT (ABSCONDING DEBTORS) RULES 1980","content":"NORTHERN TERRITORY OF AUSTRALIA\nSUPREME COURT (ABSCONDING DEBTORS) RULES 1980\nAs in force at 13 July 2016\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Application for warrant ..................................................................... 1\n3 Issue of warrant ............................................................................... 1\n4 Application for order restraining transfer or removal of property ...... 1\n5 Applications for review ..................................................................... 1\nSchedule\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 13 July 2016\n____________________\nSUPREME COURT (ABSCONDING DEBTORS) RULES 1980\nRules under the Supreme Court Act 1979\n1 Citation\nThese Rules may be cited as the Supreme Court (Absconding\nDebtors) Rules 1980.\n2 Application for warrant\nFor the purposes of section 5(2)(a) of the Absconding Debtors\nAct 1978, Form 1 is the prescribed form of application for a warrant.\n3 Issue of warrant\nFor the purposes of section 6(3)(a) of the Absconding Debtors\nAct 1978, Form 2 is the prescribed form of warrant.\n4 Application for order restraining transfer or removal of\nproperty\nFor the purposes of section 13(2) of the Absconding Debtors\nAct 1978, Form 3 is the prescribed form of application for an order\nrestraining the transfer or removal of property.\n5 Applications for review\nFor the purposes of section 20(2)(b) of the Absconding Debtors\nAct 1978, Form 4 is the prescribed form of application for review.\n\nSchedule\nSupreme Court (Absconding Debtors) Rules 1980 2\nSchedule\nFORM 1\nrule 2\nNORTHERN TERRITORY OF AUSTRALIA\nAbsconding Debtors Act 1978\nsection 5(2)(a)\nAPPLICATION FOR WARRANT\nTo: ....................………………………………..............................…………….\n(name of Supreme Court Judge/Local Court Judge)\nI, ...................................................……………………………………..…….,\n(name of applicant)\nof....................................................………………………..………………………..\n.............................................…………...........……………………………………...\n(address of applicant)\napply for a warrant to issue for the arrest of\n........................................................………………………………………………...\n(name of alleged debtor)\nof .........................................…………...........……………………………………...\n........................................................………………………………………………...\n(address of alleged debtor, if known)\n...........…………….......\n(Applicant)\n/ /19 .\n\nSchedule\nSupreme Court (Absconding Debtors) Rules 1980 3\nFORM 2\nrule 3\nNORTHERN TERRITORY OF AUSTRALIA\nAbsconding Debtors Act 1978\nsection 6(3)(a)\nTo: ...................................................……………………………………………\n(name)\nWHEREAS:................................................………………………………………..\n(name of applicant)\nof .....................................................………………………………………………..\n........................................................………………………………………………...\n(address of applicant)\napplied to me on the ...……….………....... day of ..……….………......., 19…..\nfor the issue of a warrant under the Absconding Debtors Act 1978 in respect\nof an alleged debt owed to him by\n.......….......................................................……...\n(name of alleged debtor)\nof ........................................................................................................…………..\n(address of alleged debtor, if known)\nthe amount of the alleged debt is $ , and the costs claimed by him are\n$ .\nNOW YOU and all members of the Police Force of the Northern Territory of\nAustralia are authorized to arrest and take ...............................................…….\n…………………………………………………………………………………….\n(name and address of alleged debtor)\nto the nearest police station in accordance with the Absconding Debtors\nAct 1978, and for so doing this shall be your sufficient warrant.\n.............…………........\n(Supreme Court Judge/Local Court Judge)\n/ /19 .\nTime and place of execution of warrant: ................……………………………….\n........................................................………………………………………………...\nNOTE: (1) This warrant must be executed within one month after the\ndate of issue.\n(2) The officer in charge of the police station to which the\nalleged debtor is brought must bring the debtor before the\n\nSchedule\nSupreme Court (Absconding Debtors) Rules 1980 4\nLocal Court or Supreme Court(section 11(2) of the\nAbsconding Debtors Act 1978).\n\nSchedule\nSupreme Court (Absconding Debtors) Rules 1980 5\nFORM 3\nrule 4\nNORTHERN TERRITORY OF AUSTRALIA\nAbsconding Debtors Act 1978\nsection 13(2)\nAPPLICATION FOR RESTRAINT ORDER\nTo: ...................................................……………………………………………….\n(name of Supreme Court Judge/Local Court Judge)\nI, ..................................................…………………………………………………,\n(name of applicant)\nof ...................................................………………………………………………...\n........................................................………………………………………………...\n(address of applicant)\napply for an order restraining\n*the transfer of the property listed in Schedule 1\n*the removal of the property listed in Schedule 2 out of the Territory.\nThe property listed in Schedule(s) 1* and 2* is the property\nof ............................................……………………………………………………..\n(name of alleged debtor)\nof .....................................................………....……………………………………..\n........................................................………………………………………………...\n(address of alleged debtor, if known)\n* Delete if not applicable.\nSchedule 1\nSchedule 2\n...................………..\n(Applicant)\n/ /19 .\n\nSchedule\nSupreme Court (Absconding Debtors) Rules 1980 6\nFORM 4\nrule 5\nNORTHERN TERRITORY OF AUSTRALIA\nAbsconding Debtors Act 1978\nsection 20(2)(b)\nAPPLICATION FOR *SETTING ASIDE OF WARRANT\n* DISCHARGE FROM CUSTODY\n* VARIATION OR QUASHING OF ORDER\nTo: ...................................................……………………………………………….\n(name of Supreme Court Judge)\nI, ...................................................…………………………………………………\n(name of debtor)\nof ...................................................………………………………………………...\n...................................................…………………………………………………...\n(address of alleged* debtor)\napply for –\n* the setting aside of the warrant issued against me on the ...…..……....... day\nof........…………………………………………..…………......., 19………....\nby................................................…………………………………………………..\n(name of Supreme Court Judge/Local Court Judge)\n* discharge from custody under an order made on\nthe ..........…………………........day of......…………………….........., 19………..\nby .....................…........................…………………………………………………\n(name of Supreme Court Judge/Local Court Judge)\n* the variation or quashing of an order made in relation to me on the\n.......……….……….............. day of ....………….……………....., 19……..…......\nby...........................…………….…………………………………………………..\n(name of Supreme Court Judge/Local Court Judge)\n** The variation sought is ..........................……………………………………...\n.................................................……………………………………………………..\n..................................................……………………………………………………\n.................................................……………………………………………………..\n…………..................\n(Applicant)\n/ /19 .\n* Delete if not applicable.\n** Set out the terms of the variation sought and the terms of the original order.\n\nENDNOTES\nSupreme Court (Absconding Debtors) Rules 1980 7\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSupreme Court (Absconding Debtors) Rules (SL No. 41, 1980)\nNotified 28 November 1980\nCommenced 28 November 1980\nSupreme Court Amendment Rules (SL No. 35, 2016)\nNotified 13 July 2016\nCommenced 13 July 2016\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1 to 5 and sch.\n4 LIST OF AMENDMENTS\nsch amd No. 35, 2016, r 2","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of prescribing forms for absconding debtor proceedings under the Absconding Debtors Act 1978. The 2016 amendment was a minor formal amendment to the Schedule (likely updating references or formatting), not an expansion of scope. The rules have not grown beyond their original procedural function."},"complexity_factors":["Only 5 operative rules (sections), all of which simply cross-reference forms to specific sections of the parent Act","No defined terms in the rules themselves (definitions rely entirely on the Absconding Debtors Act 1978)","No conditional logic, exceptions, or nested provisions — each rule is a single sentence prescribing a form","Four standard court forms in the Schedule, using simple fill-in-the-blank templates","Total length is approximately 6 pages, mostly blank form templates with instructional notes","Minimal cross-referencing — only references to specific sections of the parent Act (sections 5, 6, 13, and 20)"],"plain_english_summary":"This legislation is a set of court rules for the Northern Territory that creates standard forms for dealing with debtors who are trying to avoid paying their debts by running away or hiding.\n\n**What it does:**\nThe Rules prescribe (set out) the official forms that must be used when someone wants to:\n- **Apply for an arrest warrant** against a debtor who has absconded (run away or disappeared to avoid paying a debt)\n- **Issue that warrant** (the official document authorising police to arrest the person)\n- **Stop the debtor from selling or moving their property** (called a 'restraint order') so the debt can still be paid from their assets\n- **Apply for a review** of any of these decisions (to cancel the warrant, get out of jail, or change a court order)\n\n**Who it affects:**\n- **Creditors** (people or businesses who are owed money) who believe the debtor has disappeared to avoid paying\n- **Debtors** who have been accused of absconding and may face arrest\n- **Judges** of the Supreme Court and Local Court who issue these warrants and orders\n- **Police** who execute (carry out) the arrest warrants\n\n**Why it matters:**\nThese rules ensure there's a consistent, formal process for chasing debts when someone tries to escape their obligations by disappearing. It balances the creditor's right to recover money with protections for the debtor (such as the right to apply for review). The use of standard forms means everyone knows exactly what information must be provided, making the process fairer and more predictable.\n\n**Key point:** This is purely procedural — it doesn't create new powers to arrest debtors, but simply sets out the paperwork required under the main **Absconding Debtors Act 1978**."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These Rules are procedural: they prescribe the forms to be used under the Absconding Debtors Act 1978 (rules 2–5 and the Schedule). The 2016 and later formal amendments noted in the Endnotes are administrative/formal updates and do not expand the substantive powers or scope of the Act. In short, the instrument has not grown beyond its original purpose of standardising forms and basic procedural content for warrants, restraint applications and review applications."},"complexity_factors":["Very short instrument: 5 rules and a Schedule containing 4 forms","Limited number of cross-references: explicitly cites four sections of the Absconding Debtors Act 1978 (s 5(2)(a), s 6(3)(a), s 13(2), s 20(2)(b))","Few defined terms or novel definitions (none in the Rules themselves)","Simple conditional wording only in forms (delete if not applicable; options to state variation in Form 4)","Minor procedural note in Form 2 (warrant must be executed within one month)","Amendments recorded (2016 and formal Interpretation Act updates) but no nested exceptions or layered conditions"],"plain_english_summary":"**What these Rules do (mechanical change)**\n\n- The Supreme Court (Absconding Debtors) Rules 1980 simply prescribe the exact court forms to be used under the Absconding Debtors Act 1978. They do not create new powers or new offences; they set the paperwork and basic procedural requirements the courts, police and parties must follow. (See rules 2–5 and the Schedule.)\n\n**Which forms are prescribed and where they apply**\n\n- Form 1 (rule 2; Schedule) — the prescribed application form a creditor (applicant) uses when asking a judge for a warrant to arrest an alleged absconding debtor (see section 5(2)(a) of the Act).\n- Form 2 (rule 3; Schedule) — the prescribed warrant form a judge issues when authorising police to arrest an alleged debtor (see section 6(3)(a) of the Act). The form requires the amount of the claimed debt and costs, and the warrant contains a note that it must be executed within one month and that the arrested person must be brought before court (see the Note to Form 2 and the referenced section 11(2) of the Act).\n- Form 3 (rule 4; Schedule) — the prescribed application form for an order that restrains transfer or removal of specified property (see section 13(2) of the Act). The form includes two schedules for listing property and has simple delete-if-not-applicable instructions.\n- Form 4 (rule 5; Schedule) — the prescribed application form an alleged debtor uses to seek setting aside of a warrant, discharge from custody, or variation/quashing of an order (see section 20(2)(b) of the Act). It requires particulars of the order/warrant and any variation sought.\n\n**Who is affected and who decides**\n\n- Creditors (applicants) who seek court enforcement under the Absconding Debtors Act: they must use the prescribed forms and supply the particulars required by those forms (name, addresses, debt amount, list of property where applicable).\n- Alleged debtors: the forms set out the processes that can lead to arrest, restraint of property, or review applications by the debtor.\n- Judges (Supreme Court or Local Court) issue warrants, restraint orders and deal with review applications using these prescribed forms (rules 2–5).\n- Police: receive and execute warrants in the form prescribed (Form 2) and are required to bring arrested persons before the court as the Act provides.\n\n**Why it matters (practical effects and trade-offs)**\n\n- Standardisation: By fixing the content and layout of applications and warrants, the Rules reduce uncertainty about what information judges and police will expect (rules 2–5). That lowers transaction costs and makes processing more predictable for parties and court registries.\n- Compliance burden: Rigid, prescribed forms create a risk that an application or warrant may be rejected, delayed or need amendment for technical non‑compliance. That imposes a small procedural cost on applicants and on court officers who must check form compliance (see the Schedule forms).\n- Resource allocation: Execution of warrants and enforcement of restraint orders uses police and court resources. The form (Form 2) expressly limits a warrant’s execution window to one month, which channels police action into a defined period but can create pressure on police scheduling.\n- Distribution of costs and benefits: The immediate, concentrated benefit is to creditors who use the Act’s arrest and restraint powers; costs are borne by the alleged debtors (risk of arrest, restraint) and by public agencies (police and courts) that execute and process the warrants and applications.\n- Limited market impact: The Rules are procedural. They do not alter substantive contract or property rights, do not impose new taxes or fees, and do not materially affect competition, prices, ownership or business entry. Their effect on private enterprise is indirect — they affect the ease with which creditors can pursue recovery under the existing Act rather than changing the underlying private-law rights.\n\n**Implementation risks and discretion**\n\n- Judicial and administrative discretion remains in the underlying Act (the Rules only prescribe forms). Judges retain decision-making power to grant or refuse warrants or orders under the Act (the Rules do not add substantive criteria). The main implementation risk is administrative: incomplete or improperly completed forms may cause delays or additional rounds of process.\n\nSources cited in the Rules: rule 2 (Form 1 for s 5(2)(a) of the Absconding Debtors Act 1978), rule 3 (Form 2 for s 6(3)(a)), rule 4 (Form 3 for s 13(2)), rule 5 (Form 4 for s 20(2)(b)), and the Schedule (the text of Forms 1–4)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The rules were originally made in 1980 but the commencement date listed is 13 July 2016 for Reprint No. REPS020r3, indicating this is at least the third reprint and has likely been updated and amended over time. The scope may have narrowed or been refined as broader civil procedure reforms in Australian courts have developed since 1980, potentially reducing the standalone significance of these specific rules."},"complexity_factors":["Procedural rules require understanding of court processes and legal terminology","Interaction with broader Supreme Court rules and debt recovery law","Limited metadata provided makes it difficult to assess the full scope of amendments or changes since 1980","Requires knowledge of what constitutes 'absconding' behaviour under Australian law","Multiple parties involved (creditors, debtors, court) each with different obligations and rights"],"plain_english_summary":"These rules govern how the Supreme Court handles cases involving debtors who have fled or are trying to evade payment, prescribing the procedural route for creditors to protect and recover assets. They affect creditors, accused absconding debtors, and legal officers, and matter because they provide a legal mechanism to freeze or secure property and maintain creditors’ ability to recover debts rather than lose out to an escaping debtor."}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-absconding-debtors-rules-1980","history":"/api/acts/supreme-court-absconding-debtors-rules-1980/history","analysis":"/api/acts/supreme-court-absconding-debtors-rules-1980/analysis","conflicts":"/api/acts/supreme-court-absconding-debtors-rules-1980/conflicts","importantCases":"/api/acts/supreme-court-absconding-debtors-rules-1980/important-cases","documents":"/api/acts/supreme-court-absconding-debtors-rules-1980/documents"}}