Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 72.02

Application for attachment of earnings order

    (1)     A judgment creditor may apply by summons to the Court for an attachment of earnings order.

    (2)     The summons shall be supported by an affidavit, which may contain statements of fact based on information and belief if the grounds are set out.

    (3)     The summons shall be in Form 72A and the affidavit shall be in Form 72B.

    (4)     The summons, a copy of the affidavit and a notice in Form 72C as to the property and assets of the judgment debtor and the debts, liabilities and other financial obligations of the judgment debtor shall be served on the judgment debtor not less than 14 days before the day for hearing named in the summons.

    (5)     The Court shall not make an attachment of earnings order to secure the payment of money payable under a judgment where a warrant has been issued in that case committing the judgment debtor to prison under the Imprisonment of Fraudulent Debtors Act 1958 and has not been executed, but in such case the Court may discharge the warrant with a view to making an attachment of earnings order instead.



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