Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 11.34

             (1)  A payee may, without notice to the payer or third party debtor, ask the court to issue a Third Party Debt Notice requiring the payment to the payee of any money to which this Division applies by filing:

                     (a)  3 copies of the Third Party Debt Notice; and

                     (b)  an affidavit.

             (2)  The affidavit must:

                     (a)  comply with rule 11.06; and

                     (b)  include the following information:

                              (i)  the name and address of the third party debtor;

                             (ii)  details of the debt to be attached to satisfy the obligation, including its nature and amount;

                            (iii)  the information relied on to show that the debt is payable by the third party debtor to the payer; and

                     (c)  if it is sought to attach the payer's earnings--include the following information:

                              (i)  details of the payer's earnings;

                             (ii)  details of the payer's living arrangements, including dependants;

                            (iii)  the protected earnings rate;

                            (iv)  the amount sought to be deducted from the earnings each payday;

                             (v)  any information that should be included in the Third Party Debt Notice to enable the employer to identify the payer.

Note:          A person seeking to enforce the payment of a child support liability must first apply for an order for the amount owed (see rule 11.03).