Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This rule sets out the information a party may require from an employer of a party to a financial proceeding.
(2) The court may order a party to inform the court, in writing, within a specified time, of:
(a) the name and address of the party's employer or, if the party has more than one employer, each employer; and
(b) other information the court considers necessary to enable an employer to identify the party.
(3) Subrule (4) applies if:
(a) a party (the requesting party ) requests the employer of another party (the employee ) to give particulars about:
(i) the employer's indebtedness to the employee; or
(ii) the employee's present rate of earnings, or of all the earnings of the employee that became payable during a specified period; or
(iii) the employee's conditions of employment; or
(iv) the employee's accrued or potential leave entitlements as at a particular date or dates; or
(v) any entitlement of the employee to earn bonuses and any conditions that the employee must satisfy in order to be paid such bonuses; and
(b) the employer refuses, or fails to respond to, the requesting party's request.
(4) The requesting party may apply for an order that the employer inform the court, in writing, within a specified time, of the particulars referred to in paragraph (3)(a).
Note: A document purporting to include the information referred to in paragraph (2)(a) or (b), or the particulars referred to in paragraph (3)(a), may be admitted as evidence of its contents (see section 48 of the Evidence Act 1995 ). However, subject to sections 4 and 5 of the Evidence Act 1995 , that Act does not apply to the Family Court of Western Australia or any other court of a State.