Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 11.39

Response to Third Party Debt Notice

             (1)  A third party debtor who has been served with a Third Party Debt Notice or an order discharging, varying or suspending the Notice, may apply:

                     (a)  to dispute liability to make payments under the Notice; or

                     (b)  for procedural orders.

             (2)  The cou rt may hear an application under subrule (1) in chambers, in the absence of the parties, on the documents filed.

             (3)  The court may:

                     (a)  order that any money that has been paid to the payee in error:

                              (i)  be paid into and held in court; or

                             (ii)  be returned to the third party debtor; or

                            (iii)  be sent to the payer; and

                     (b)  if the third party debtor has not paid the amount specified in the Notice or order referred to in subrule (1)--order the third party debtor to pay all or part of what was required under the Notice or order.

Note:          Rule 11.07 sets out the orders that the court may make on an application under this Part.



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