Northern Territory Consolidated Regulations Northern Territory Consolidated Regulations(1) In relation to an attachment of earnings order or an application for such an order, the Court may order that:
(a) the judgment debtor attend before it at a time specified in the order to be examined concerning his means and ability to comply with the judgment;
(b) the judgment debtor state to it or furnish to it, within the time fixed by it, a statement signed by him setting forth:
(i) the name and address of his employer or, if he has more employers than one, of each of his employers; and
(ii) particulars as to the judgment debtor's earnings; and
(iii) such other particulars as the Court thinks necessary to enable the enforcement of the order; or
(c) a person who appears to it to be indebted to the judgment debtor or to be the employer of the judgment debtor give to it a statement signed by him or on his behalf containing such particulars as are specified in the direction of his indebtedness to the judgment debtor that became payable by that person during a specified period.
(2) A document purporting to be a statement referred to in subrule (1) shall be received in evidence in a proceeding for the enforcement of the order.
(3) Where on an application for an attachment of earnings order the Court is satisfied:
(a) that the judgment debtor has been served with a copy of the summons;
(b) that the judgment debtor has had a reasonable opportunity of attending the hearing;
(c) that the judgment debtor is employed by an ascertained employer; and
(d) as to the earnings of the judgment debtor,
it may make an attachment of earnings order in the absence of the judgment debtor.
(4) For the purpose of this rule, the Court may act on evidence by or on behalf of the judgment debtor's employer or by a spouse or de facto partner of the judgment debtor, or a statement or information furnished under subrule (1).
(5) Where the Court considers an application in the absence of the judgment debtor or any spouse or de facto partner of the judgment debtor and it has before it sufficient evidence in its opinion on which to specify a protected earnings rate and a normal deduction rate, it shall so specify those rates but, where it does not have sufficient evidence, it may, without specifying those rates, make an order requiring the payment by the judgment debtor's employer to the judgment creditor of such amount as the Court thinks reasonable having regard to the circumstances of the judgment debtor so far as they are known to the Court.
(6) Nothing in subrule (1)(a) affects any other mode of enforcing the attendance of the judgment debtor before the Court.
(7) An application for an order under subrule (1) (a) shall be made by summons in Form 72D and shall be supported by an affidavit in Form 72E.
(8) An order under subrule (1) shall be in Form 72F or 72G, whichever is appropriate.