Order in absence of judgment debtor
48.05 Order in absence of judgment debtor
(1) If the judgment debtor fails to attend the hearing, a registrar may make an attachment of earnings order if he or she has sufficient information about the judgment debtor's financial circumstances and is satisfied that the judgment debtor:
(a) was served with a copy of the attachment of earnings summons and affidavit;
had a reasonable opportunity of attending the hearing; and
is employed by an identified employer.
For the purposes of this rule, a registrar may act on:
(a) the assumption that the debtor is earning the average weekly wage for the Territory at the time of the hearing;
evidence given by or on behalf of the judgment debtor's employer;
(c) evidence given by a spouse or de facto partner of the judgment debtor;
(d) information given in the judgment debtor's declaration of financial circumstances; or
(e) information given in an examination of the judgment debtor under Part 47.
(3) If the registrar has, in his or her opinion, sufficient evidence to determine the appropriate deduction and the protected earnings and that evidence includes:
(a) information given in the judgment debtor's declaration of financial circumstances; or
(b) information given in an examination of the judgment debtor under Part 47,
the registrar may make an attachment of earnings order with the appropriate deduction and the protected earnings specified in dollars.
(4) If the registrar does not have sufficient evidence to determine the appropriate deduction and the protected earnings in dollars, the registrar may make an attachment of earnings order with those amounts specified as percentages of the net earnings, provided that the protected earnings are specified as 80% or more.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.