Victorian Consolidated Regulations Victorian Consolidated Regulations(1) The Court constituted by a registrar may, on the application of the judgment creditor, order that all debts (other than earnings within the meaning of this Order) due or accruing from a garnishee to a judgment debtor be attached to answer the judgment debt.
(2) An application for an order under paragraph (1)—
(a) must be made by affidavit accompanied by a draft form of the order sought; and
(b) may be made without notice to any person; and
(c) may be made either before or after the examination of the judgment debtor under Order 67.
(3) An order must not be made under paragraph (1) unless it is shown by affidavit—
(a) that the judgment debt is unsatisfied, either wholly or to a stated extent; and
(b) that—
(i) a debt is due or accruing to the judgment debtor from the garnishee; and
(ii) the garnishee is within Victoria; or
(iii) if the garnishee is a partnership, one partner or some person apparently having the control or management of the partnership business, is within Victoria.
(4) The registrar may refuse to make an order under paragraph (1) if the registrar is of the opinion that the remedy being sought is worthless or vexatious on account of the smallness of the amount to be recovered or of the debt sought to be attached or otherwise.
(5) The judgment creditor may appeal to a magistrate against the refusal of the registrar to make an order under paragraph (1).
(6) Any order made under paragraph (1) must be served on the garnishee personally within 7 days of the making of the order and such order binds the debts to which it applies upon service of the order.
(7) An order under paragraph (1) must be in Form 71A or 71B whichever is appropriate.