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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 72.01

Definitions

"attachment of earnings order" means an order under Rule 72.03 or such order as varied from time to time;

"earnings", in relation to a judgment debtor, means any amounts payable to the judgment debtor

        (a)     by way of wages or salary, including any fees, bonus commission, overtime pay or other emoluments payable in addition to wages or salary; or

        (b)     by way of pension, including—

              (i)     an annuity in respect of past services whether or not the services were rendered to the person paying the annuity; and

              (ii)     periodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment—

but does not include any pension payable to the judgment debtor under the Commonwealth Acts known as the Social Security Act 1991 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth;

"employer", in relation to a judgment debtor, means a person (including the Crown, a Minister of the Crown, and any statutory authority representing the Crown) by whom, as a principal and not as a servant or agent, earnings are payable or are likely to become payable to the judgment debtor;

"judgment debt" means the amount of money payable under an order and includes the costs of recovering that amount;

net earnings in relation to a pay-day means the amount of the earnings becoming payable by a particular employer on that pay-day after making all proper deductions under income tax legislation of the Commonwealth;

"normal deduction", in relation to an attachment of earnings order and in relation to a pay-day, means an amount representing a payment at the normal deduction rate specified in the order in respect of the period between that pay-day and either the last preceding pay‑day or, where there is no last preceding pay-day, the date on which the employer became, or last became, the judgment debtor's employer;

"pay-day" means an occasion on which earnings to which the attachment of earnings order relates becomes payable;

"protected earnings" in relation to an attachment of earnings order and in relation to a pay-day means the amount representing a payment at the protected earnings rate specified in the order in respect of the period between that pay-day and either—

        (a)     the last preceding pay-day; or

        (b)     where there is no last preceding pay‑day, the date on which the employer became, or last became, the judgment debtor's employer;

"the Court" includes the Court constituted by a registrar.



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