Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 40 RULE 3

3. (1) Where it appears to a court or Registrar that a party to proceedings
under Part VIII or XIII of the Act is employed, the court or Registrar may
order that party to furnish to the court, within a specified time, a statement
in writing signed by that person specifying-

   (a)  the name and address of the employer of the party or, if the party has
        more employers than one, of each of those employers;

   (b)  particulars as to the earnings of the party; and

   (c)  such other particulars as the court or Registrar thinks necessary to
        enable the party to be identified by any of the employers of the
        party.

(2) Where it appears to a court or Registrar that a person is an employer of a
party to proceedings under Part VIII or XIII of the Act, the court or
Registrar may order that employer to furnish to the court, within a specified
time, a statement signed by the employer or on behalf of the employer
containing such particulars as are specified in the order of the indebtedness
of the employer to the employee, of the employee's present rate of earnings,
or of all the earnings of the employee that became payable to the employee
during a specified period.

(3) A document purporting to be a statement within the meaning of sub-rule (1)
or (2) may be admitted as evidence of its contents.

(4) A person shall not-

   (a)  without reasonable cause or excuse, refuse or fail to comply with an
        order under this rule that is applicable to the person; or

   (b)  make under this rule to a court having jurisdiction under the Act a
        statement in writing that the person knows to be false or misleading
        in a material particular or does not believe on reasonable grounds to
        be true.

Penalty: $500.