Commonwealth Consolidated Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 11.34

  (1)   A payee may, without notice to the payer or third party debtor, ask the court to issue a Third Party Debt Notice requiring the payment to the payee of any money to which this Division applies by filing:

  (a)   3 copies of the Third Party Debt Notice; and

  (b)   an affidavit.

  (2)   The affidavit must:

  (a)   comply with rule   11.06; and

  (b)   include the following information:

  (i)   the name and address of the third party debtor;

  (ii)   details of the debt to be attached to satisfy the obligation, including its nature and amount;

  (iii)   the information relied on to show that the debt is payable by the third party debtor to the payer; and

  (c)   if it is sought to attach the payer's earnings--include the following information:

  (i)   details of the payer's earnings;

  (ii)   details of the payer's living arrangements, including dependants;

  (iii)   the protected earnings rate;

  (iv)   the amount sought to be deducted from the earnings each payday;

  (v)   any information that should be included in the Third Party Debt Notice to enable the employer to identify the payer.

Note:   A person seeking to enforce the payment of a child support liability must first apply for an order for the amount owed (see rule   11.03).