1 . Financial institution accounts in name of judgment debtor
(1) This clause does not apply to an account that is prescribed by regulations as being exempt from the operation of this clause.
(2) For the purpose of determining whether money, in an account with a financial institution, standing to the credit of the judgment debtor alone or jointly with another or others is an available debt for the purposes of Part 4 Division 5, the following conditions are to be disregarded —
(a) a condition that a demand must be made before any money or share is withdrawn;
(b) a condition relating to the manner in which or the place at which any such demand is to be made;
(c) a condition that a passbook, receipt or other document must be produced before any money or share is withdrawn;
(d) a condition that notice is required before any money or share is withdrawn;
(e) a condition that any money or share must not be withdrawn for any specified period;
(f) a condition prescribing a minimum amount in respect of any withdrawal;
(g) a condition that a minimum balance must be maintained in the account;
(h) a condition relating to the account prescribed by the regulations for the purposes of this subclause.
(3) Any charge on any money, in an account with a financial institution, standing to the credit of a judgment debtor alone or jointly with another or others, being a charge created by the rules of the institution or the law under which the institution is registered or regulated, is to be disregarded for the purposes of a debt appropriation order.
(4) Subclause (3) does not affect the rights of a financial institution to set off or appropriate the whole or a part of an amount standing to the credit of a judgment debtor alone or jointly with another or others.
(5) So much of the money standing to the credit of the judgment debtor alone or jointly with another or others in an account with a financial institution of which the judgment debtor is a member as is the minimum amount that must be maintained in the account in order that the judgment debtor retains the membership is not an available debt.
2 . Debts owed to judgment debtor and others jointly
(1) For the purpose of determining a judgment debtor’s interest in an available debt that is or will be or may be owed to the judgment debtor jointly with another or others (the joint owners ), each joint owner is to be presumed to have an equal interest in the debt.
(2) The presumption that joint owners have an equal interest in an available debt may be rebutted by the judgment creditor, the judgment debtor or another joint owner.
(3) If, on an application by a person referred to in subclause (2), a court is satisfied that the interests of the joint owners are not equal, the court may by order decide the extent of the judgment debtor’s interest in the available debt.
3 . Available debts, court may exempt certain portions
(1) If an available debt is money payable for the use of property owned by the judgment debtor alone or jointly with another or others, the court by order may exempt from payment under a debt appropriation order that applies to the debt so much of the debt as is required by the judgment debtor to keep or maintain the property.
(2) If an available debt is money payable under an agreement with the judgment debtor, the court by order may exempt from payment under a debt appropriation order that applies to the debt so much of the debt as is required by the judgment debtor to perform the agreement.
(3) The court may exempt from payment under a debt appropriation order that applies to an available debt so much of the debt as is required by the judgment debtor to meet his or her necessary living expenses, including those of his or her dependents.
4 . Debts payable on conditions
(a) the payment of an available debt to a judgment debtor depends on the judgment debtor fulfilling a condition; and
(b) a debt appropriation order applies to the available debt; and
(c) the condition will unreasonably prevent or delay payment of the debt by the third person to the judgment creditor under the order,
the court may by order —
(d) require the third person to disregard the condition; or
(e) specify some other means of fulfilling the condition.
(2) An order must not be made under subclause (1) that has the effect of requiring the third person to make a payment to the judgment creditor before the earliest time that the third person could have been required to make the payment to the judgment debtor under the terms of the third person’s obligation to the judgment debtor.
This is a compilation of the Civil Judgments Enforcement Act 2004 and includes amendments made by other written laws 3 . For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
Short title
Number and year
Commencement
