Victorian Numbered Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 (SR NO 148 OF 2005) - REG 71.03

    (1)     An amount standing to the credit of a judgment debtor in an account in a bank or a co-operative shall, for the purpose of this Order, be a debt due or accruing to the judgment debtor, notwithstanding that any of the following conditions applicable to the account has not been satisfied—

        (a)     that a demand or notice is required before money is withdrawn;

        (b)     that a personal application must be made before money is withdrawn;

        (c)     that a deposit book must be produced before money is withdrawn;

        (d)     that a receipt for money deposited in the account must be produced before money is withdrawn.

    Note:     "bank" is defined in Rule 1.13(1).

    (2)     Paragraph (1) shall apply, with any necessary modification, to an amount which is placed to the credit of a judgment debtor in an account in a bank or a co-operative between the day an order for the filing and service of a garnishee summons is made and the day for hearing named in the summons.