Local Court (Civil Jurisdiction) Rules 1998

In this Part, unless the contrary intention appears:

appropriate deduction means the amount that the Court considers to be:

to pay the judgment debt within a reasonable time after an attachment of earnings order is made.

earnings means money payable to a judgment debtor by way of:

(a) wages or salary, including fees, bonuses, commission, pay in lieu of leave or retirement benefit, overtime pay or other profits arising from the judgment debtor's office or employment; or

(i) an annuity for past services whether or not the services were rendered to the person paying the annuity; and

(ii) periodic payments of compensation for the loss, abolition or relinquishment of, or a reduction in profits arising from, an office or employment,

but does not include a pension under the Social Security Act 1991 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth.

employer means a person (including the Crown, a Minister of the Crown and a statutory authority representing the Crown) by whom, as a principal and not as a servant or agent, earnings are payable or are likely to become payable to a judgment debtor.

net earnings means the earnings payable to a judgment debtor by an employer on a pay-day after the deduction of:

(a) tax instalments under the Income Tax Assessment Act 1936 of the Commonwealth; and

(b) superannuation contributions under the Superannuation Act 1986 of the Commonwealth.

protected earnings means the amount of the net earnings below which the Court considers it unreasonable for the earnings to be reduced by a payment to the judgment creditor made in compliance with an attachment of earnings order, having regard to the resources and needs of the judgment debtor and any other person for whom the judgment debtor provides or reasonably may provide.