2304
In forceDebt redirection order—joint funds
Chapter 2Civil proceedings generally
Part 2.18Enforcement
Division 2.18.6Enforcement of money orders—debt redirection orders generally
2304 Debt redirection order—joint funds
(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).
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