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VIC Magistrates' Court eFiling Summons to Attend for Oral Examination FAQ

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What is a Summons to Attend for Oral Examination?

A Summons to Attend for Oral Examination (SOE) is a legal document issued on behalf of a judgement creditor requiring the judgement debtor to appear before the Court to be orally examined by the registrar on matters regarding the judgement debtors financial circumstances and ability to satisfy the terms of the order against them.


Can multiple SOEs be issued for one defendant?

If the defendant is an individual, only one summons can be active at a time. Further SOEs can be issued for that individual after the original summons is finalized. Where the defendant is a corporation there can be more than one person summoned for an examination at any one time. Each person needs to have a separate SOE issued and only one summons per person can be active at a time.


Can multiple SOEs be issued for one case?

If there are multiple defendants in a case, a summons can be issued for each defendant. Multiple summons for a single case can be created on the same day, provided each is for a different defendant.


Can a summons be issued if the DOR was made manually?

Yes. A summons can be issued as long as a successful default order exists, regardless of whether the DOR was lodged manually or electronically. If the DOR was not lodged electronically, you will be reminded to check that a manual DOR was successful.


What if I cannot locate a case for which I now want to file a Summons to Attend for Oral Examination?

A Summons to Attend for Oral Examination may only be lodged electronically if the Complaint was also lodged electronically with CITEC Confirm within your current account. Please ensure that the case number you are wishing to lodge a Summons to Attend for Oral Examination for was lodged electronically through this account. You may do this by searching 'Maintain Documents' from within the VIC Magistrates' Court eFiling system.


Can a summons be issued on the same day as a Warrant to Seize Property?

Only one document per defendant per case can be issued in a day. A summons can be issued before or after a warrant for the same defendant/case but not on the same day.


How many Part Payments can be entered?

No more than 20 part payments can be recorded on the warrant.


Should Part Payments entered on the DOR be entered again in the SOE?

No. Only part payments made after the date of the Default Order should be included in either a Warrant or Summons to Attend for Oral Examination.


Should Part Payments entered on a warrant be entered again in the SOE?

If a Warrant to Seize Property has been created prior to the SOE, then the SOE should include any part payments that were included on the warrant. To guarantee accuracy, part payments from the warrant will be pre-filled in the part payment fields of the SOE. Likewise, part payments from the summons will appear on the warrant.


At what point is the interest on costs calculated?

When the summons has been successfully lodged with the Court, all associated costs are automatically calculated. Interest accrued on costs incurred or part payments will be determined and will appear on the Summons to Attend for Oral Examination. Please note all previous costs and fees incurred in issuing the Complaint, Default Order and Warrant (if applicable) are tracked by CITEC Confirm and will appear on the successful Summons.