Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p92
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 92/100)
Character Range: 339488–342061

the date when the enforcement order is served on the third party; and
 (c) earnings payable to a payer.

11.33  Money deposited in a financial institution
 (1) Money deposited in an account in a financial institution that is payable on call is a debt due to the payer even if a condition relating to the account is unsatisfied.
 (2) Money deposited in an account in a financial institution that is payable on notice is a debt due to the payer at the end of the notice period required, starting on the date of service of the Third Party Debt Notice on the third party debtor.
Note: Some legislative provisions provide for exemptions in relation to some payments: for example, some pensions.

11.34  Request for Third Party Debt Notice
 (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).

11.35  Service of Third Party Debt Notice
  A payee must serve on a payer and third party debtor:
 (a) a copy of the Third Party Debt Notice issued under rule 11.34; and
 (b) a court approved brochure entitled Third Party Debt Notices (which sets out the effect of the Third Party Debt Notice and the third party debtor's obligations).

11.36  Effect of Third Party Debt Notice—general
 (1) If a Third Party Debt Notice is served on a third party debtor, a debt due or accruing to the payer from the third party debtor is attached and bound in the hands of the third party debtor to the extent specified in the Notice.
 (2) A Third