Victorian Numbered Regulations

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Attendance of or information about judgment debtor

    (1)     In relation to an attachment of earnings order or any application for such an order the Court may order that—

        (a)     the judgment debtor attend before the Court at a time specified in the order to be examined concerning the judgment debtor's means and ability to comply with the judgment;

        (b)     the judgment debtor state to the Court or furnish to the Court within the time fixed by the Court a statement signed by the judgment debtor setting forth—

              (i)     the name and address of the judgment debtor's employer or, if the judgment debtor has more employers than one, of each of the judgment debtor's employers;

              (ii)     particulars as to the judgment debtor's earnings;

              (iii)     such other particulars as the Court thinks necessary to enable the enforcement of the order; or

        (c)     any person who appears to the Court to be indebted to the judgment debtor or to be the employer of the judgment debtor give to the Court a statement signed by that person or on that person's behalf containing such particulars as are specified in the direction of that person's indebtedness to the judgment debtor that became payable by that person during a specified period.

    (2)     A document purporting to be a statement referred to in paragraph (1) shall be received in evidence in any proceedings for the enforcement of the order.

    (3)     Where on an application for an attachment of earnings order the Court is satisfied—

        (a)     that the judgment debtor has been served with a copy of the summons;

        (b)     that the judgment debtor has had a reasonable opportunity of attending the hearing;

        (c)     that the judgment debtor is employed by an ascertained 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.

    (4)     For the purpose of this Rule, the Court may act upon evidence by or on behalf of the judgment debtor's employer or by the judgment debtor's spouse or any statement or information furnished under paragraph (1).

    (5)     Where the Court considers an application in the absence of the judgment debtor or the judgment debtor's spouse and the Court has before it sufficient evidence in the opinion of the Court upon which to specify a protected earnings rate and a normal deduction rate, the Court shall so specify those rates, but where the Court does not have sufficient evidence, the Court may without specifying such 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.

    (6)     Nothing in paragraph (1)(a) shall affect any other mode of enforcing the attendance of the judgment debtor before the Court.

    (7)     An application for an order under paragraph (1)—

        (a)     shall be made by summons in Form 72D; and

        (b)     shall be supported by an affidavit in Form 72E.

    (8)     An order under paragraph (1) shall be in Form 72F or 72G, whichever is appropriate.

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