Western Australian Current Acts Western Australian Current Acts (1) An available debt
in relation to a judgment debtor is any obligation on the part of a person to
pay money to the debtor alone, or to the debtor jointly with another or
others, which obligation, at the time a debt appropriation order is made
—
(a) is
current and unconditional, irrespective of whether the money or any part of it
is payable at some future time; or
(b) will
arise on the fulfilment of one or more conditions under —
(i)
an existing agreement or trust; or
(ii)
the will of a deceased person; or
(iii)
an issued share or other marketable security;
or
(c) may
arise in respect of an existing cause of action; or
(d) is
imposed by a written law and is likely to arise as a result of an event that
has occurred.
(2) The following are
not available debts in relation to a judgment debtor —
(a)
earnings that are or may be payable to the debtor;
(b)
money standing to the credit of the debtor in a court;
(c)
money that is payable to the debtor as a trustee and in which the debtor does
not have a beneficial interest, unless the judgment concerned was given
against the debtor as that trustee.