Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 923

Final garnishee order
(1)  On the expiration of 21 days after service of the provisional order on the garnishee and judgment debtor and on proof of service in accordance with rule 922 , the Court or a judge, without requiring any attendance, may order that a provisional order be made final if –
(a) neither the garnishee nor the judgment debtor by filing a notice in the Court disputes that there are earnings payable by the garnishee to the judgment debtor; and
(b) the judgment debtor does not file a notice of objection claiming a reduction in the prescribed amount and accompanied by a full statement of the financial position of the judgment debtor verified on oath or by statutory declaration.
(2)  The Court or a judge may order execution to issue in default of the garnishee paying to the judgment creditor the amounts deducted in accordance with the provisional order or the amounts deducted in accordance with the final order.
(3)  If, within 21 days after service of the provisional order on the garnishee and the judgment debtor, either files a notice disputing that earnings are payable to the judgment debtor, the dispute is to be determined by the Court or a judge.
(4)  If, within 21 days after service of the provisional order on the judgment debtor, the judgment debtor files a notice and statement in accordance with subrule (1)(b) the matter is to be determined by the Court or a judge.
(5)  Rule 914(3) and (4) applies to any determination under subrules (3) and (4) .
(6)  On the determination of a matter under subrule (3) or (4) , the Court or a judge may –
(a) make the order final; or
(b) vary the prescribed amount and make the order final subject to the variation.
(7)  A final order is to be in accordance with the prescribed form.



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