Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 71.04

Filing and service of garnishee summons

    (1)     Subject to any Act, the Court may, on the application of a judgment creditor, order that a garnishee summons be filed and served on the garnishee.

    (2)     A judgment creditor may apply for an order under paragraph (1) without notice to any person.

    (3)     In making an order under paragraph (1), the Court shall fix an amount to be specified in the garnishee summons for the purpose of Rule 71.06 having regard to—

        (a)     the amount due under the judgment on the date of the order and any money then recoverable under section 107(1) of the Service and Execution of Process Act 1992 of the Commonwealth; and

        (b)     the amount of interest accrued and accruing on the judgment debt; and

        (c)     the costs of the garnishee proceedings.

    (4)     Where an order is made under paragraph (1) in respect of a debt not yet due or accruing to the judgment debtor from the garnishee, the day for hearing named in the summons shall be not more than 30 days after the date of the order.



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