Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 2304

(SCQA s 93C)

    (1)     This rule applies if the debt belonging to the enforcement debtor is a fund of money owned by the enforcement debtor and others (a joint fund ).

    (2)     A debt redirection order may authorise redirection to an enforcement creditor of the joint fund to the extent of the enforcement debtor's entitlement.

    (3)     Unless, on application of a fund owner or enforcement creditor, the court decides the actual beneficial entitlement of each fund owner, it is presumed a joint fund is owned by the fund owners in equal shares.

Note     Pt 6.2 (Applications in proceedings) applies to an application under r (3).