Victorian Numbered Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 72.01

In this Order, unless the context or subject matter otherwise requires—

attachment of earnings order means an order under Rule 72.03 or such an 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 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 in right of the State of Victoria, a Minister of the Crown in right of the State of Victoria, and any statutory authority representing the Crown in right of the State of Victoria) 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 includes an order;

judgment creditor means a person entitled to enforce a judgment for the payment of money other than a judgment for the payment of money into court;

"judgment debtor" means a person required by a judgment to pay money otherwise than into court;

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—

        (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;

"pay-day" means an occasion on which earnings to which the attachment of earnings order relates become 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.