If the debtor fails to comply with an order made at the investigation hearing, the judgment creditor can apply for an examination hearing by filling out an Application to Enforce Judgment (Form 141) [Enforcement of Judgments Act 1991 (SA) s 5A(1) and Uniform Civil Rules 2020 r 203.8(1)]. There is a filing fee.

A summons requiring the judgment debtor to attend the Examination Hearing (Form 146) will be issued by the court and served on the judgment debtor as soon as practicable before the date set for the hearing [r 203.8(4)].

At this hearing the debtor will be asked to explain why they have not complied with the order for payment from the investigation hearing. If the debtor's circumstances have changed then the instalments to be paid under the order may be modified. If there is no valid reason for not complying with the order, and where instalments are payable, the judgment debtor is at least 2 instalments in arrears and they have the means to pay the instalments in arrears without suffering hardship or their dependants suffering hardship, then the court may order that the judgment debtor pay a monetary penalty in addition to their judgment debt [Enforcement of Judgments Act 1991 (SA) s 5A(3)].