Victorian Consolidated Regulations Victorian Consolidated Regulations(1) On an application for an attachment of earnings order the Court may—
(a) direct the judgment debtor to attend for an oral examination at the time and place specified in the direction; or
(b) direct any person who appears to the Court to owe money to the judgment debtor or to be the employer of the judgment debtor to give the Court a statement signed by or on behalf of that person containing such particulars as are specified in the direction of money owed by that person to the judgment debtor that became payable during a period specified in the direction.
(2) On an oral examination the Court must examine a judgment debtor as to the following matters—
(a) the amount and source of the income of the judgment debtor;
(b) the property and assets of the judgment debtor;
(c) the cash that is readily available to the judgment debtor or can be made so available;
(d) the debts, liabilities and other financial obligations of the judgment debtor—
and may examine a judgment debtor as to any other matter related to the financial circumstances generally of the judgment debtor and the judgment debtor's means and ability to satisfy the judgment debt.
(3) A document purporting to be a statement referred to in paragraph (1)(b) that may be in Form 72C is admissible in evidence in any proceedings for the enforcement of the order.
(4) If an application is made to the Court for an attachment of earnings order and the Court is satisfied—
(a) that the judgment debtor has been served with a copy of the application; and
(b) that the judgment debtor has had a reasonable opportunity of attending the hearing; and
(c) that the judgment debtor is employed by a known employer; and
(d) as to the earnings of the judgment debtor—
the Court may make an attachment of earnings order in the absence of the judgment debtor.
(5) For the purposes of this Rule the Court may act on—
(a) evidence given by or on behalf of the judgment debtor's employer; or
(b) evidence given by the judgment debtor's spouse; or
(c) any statement or information furnished under paragraph (1).
(6) If the Court is considering an application for an attachment of earnings order in the absence of the judgment debtor or the judgment debtor's spouse and—
(a) has before it sufficient evidence, in the opinion of the Court, on which to specify a protected earnings rate and a normal deduction rate, the Court must specify those rates;
(b) does not have such evidence before it, the Court may, without specifying those rates, make an order requiring the payment by the judgment debtor's employer to the judgment creditor of such amount as the Court thinks reasonable having regard to the circumstances of the judgment debtor so far as they are known to the Court.
(7) The provisions of paragraph (1)(a) are without prejudice to any other mode of enforcing the attendance of the judgment debtor before the Court.
(8) An order under paragraph (1) must be in Form 72D or 72E, whichever is appropriate.