Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 856

856 Procedure for issue of enforcement warrant redirecting earnings

(1) An enforcement creditor or enforcement debtor may apply to the court for an enforcement warrant authorising the redirection to the enforcement creditor of part of the enforcement debtor’s earnings.

(2) Without limiting subrule (1) , the application may be made at an enforcement hearing.

(3) In deciding whether to issue an enforcement warrant authorising the redirection to the enforcement creditor of the enforcement debtor’s earnings, the court must have regard to the following—

(a) whether the enforcement debtor is employed and the enforcement debtor’s employer has been identified;

(b) whether the enforcement debtor has sufficient means of satisfying the order after deducting—

(i) the necessary living expenses of the enforcement debtor and the enforcement debtor’s dependants; and

(ii) any other known liabilities of the enforcement debtor;

(c) whether the amount of earnings to be redirected would impose unreasonable hardship on the enforcement debtor;

(d) if the applicant is the enforcement debtor—whether, having regard to the availability of other enforcement means, the issue of the warrant would be consistent with the public interest in enforcing orders efficiently and expeditiously.