Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 863

863 Cessation of enforcement warrant redirecting earnings

(1) An enforcement warrant authorising redirection of earnings in relation to a money order ceases to have effect—

(a) on being set aside; or

(b) unless the court orders otherwise, on the making of another order for the enforcement of the money order; or

(c) on expiry according to its conditions.

(2) If an enforcement warrant authorising the redirection of earnings ceases to have effect, the enforcement debtor’s employer does not incur any liability by treating the warrant as still in force at any time within 7 days after the day on which a copy of a following order was served on the employer—

(a) an order discharging the enforcement warrant;

(b) another order for the enforcement of the judgment.

(3) If the enforcement creditor receives from the enforcement debtor’s employer more than the amount deductible under the warrant, the enforcement creditor must return the excess to the enforcement debtor’s employer who must pay it to the enforcement debtor.

(4) If the enforcement creditor does not return the excess, the enforcement debtor may recover it as a debt to the enforcement debtor.