Victorian Current Acts

IMPRISONMENT OF FRAUDULENT DEBTORS ACT 1958

TABLE OF PROVISIONS

           Long Title

   1.      Short title and commencement  
   2.      Repeal  
   2A.     Definitions  

   PART I--ON JUDGMENT OF SUPREME COURT

   3.      Imprisonment upon writ of capias ad satisfaciendum abolished  
   4.      Debtor may be summoned  
   5.      Debtor may be examined and imprisoned  
   6.      Examination may be had on the original hearing  
   7.      Form of warrant of commitment  
   8.      Order may be ex parte  
   9.      Judgment debtor may appeal to Court of Appeal  
   10.     Prisoner to be discharged on payment of debt and costs  
   11.     Examination to be taken down in writing  
   12.     Examination to be a judicial proceeding  
   13.     Effect of this Part of this Act  

   PART II--ON JUDGMENT OF COUNTY COURT

   14.     Imprisonment for debt abolished in county court  
   15.     Judgment debtor may be summoned  
   16.     Judgment debtor may be examined and imprisoned  
   17.     Examination may be had on the original hearing  
   18.     Form of warrant of commitment  
   19.     Order may be ex parte  
   20.     Prisoner to be discharged on payment of debt and costs  
   21.     Examination to be a judicial proceeding  

   PART III--ON ORDER OF MAGISTRATES' COURT

   22.     Defendants in civil cases not to be imprisoned except under certain circumstances  
   23.     Warrant in default of compliance  
   24.     Ex parte order of commitment  
   25.     Debtor, how discharged  
   26.     Non-application of Magistrates' Court Act  
   27.     Examination to be a judicial proceeding  
   28.     Imprisonment for fraud no satisfaction of debt  
   28A.    Appeal to County Court  

   PART IV--GENERAL

   29.     Judgment need not necessarily be served before fraud summons under Parts 1, 2 and 3  
           FIRST SCHEDULE
           SECOND SCHEDULE
           THIRD SCHEDULE
           FOURTH SCHEDULE
           ENDNOTES