Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2369

Earnings redirection order—procedure if order not complied with

    (1)     If the enforcement creditor considers that an earnings redirection order has not been complied with, the court may, on application by the enforcement creditor, hear and decide any question about the liability of the enforcement debtor's employer to pay the earnings to which the order applies.

Note     Pt 6.2 (Applications in proceedings) applies to an application under this rule.

    (2)     If the court is satisfied that the employer is liable to pay the earnings, the court may make an order against the employer in favour of the enforcement creditor for the lesser of—

        (a)     the amount of earnings that has not been paid to the enforcement creditor as required by the earnings redirection order; and

        (b)     the unpaid amount of the order debt.

    (3)     The court may refuse to make an order under subrule (2) if it considers the order should not be made because of the smallness of either of the amounts mentioned in subrule (2) (a) or (b).

    (4)     As between the employer and the enforcement debtor, an amount paid to the enforcement creditor by the employer under an order under this rule is taken to have been paid by the employer to the enforcement debtor.



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