Supreme Court Rules 1987

normal deduction rate means the rate at which the Court considers it to be reasonable that the earnings of a judgment debtor should be applied in satisfying the judgment to which the order relates, not exceeding a rate that appears to the Court to be necessary for the purpose of:

(a) securing payment of the amount due and unpaid under the judgment; and

(b) securing payment within a reasonable time of any costs ordered by the Court to be paid by the judgment debtor.

protected earnings rate means the rate below which, having regard to the resources and needs of a judgment debtor and of any other person for whom he must or reasonably may provide, the Court considers it to be reasonable that the earnings to which the order relates should not be reduced by a payment under an attachment of earnings order.

(2) An attachment of earnings order shall specify, either generally or in relation to a particular pay-day or particular pay-days, the normal deduction rate.

(3) An attachment of earnings order may specify a higher normal deduction rate to apply for a specified number of pay-days after the order comes into force and a lower normal deduction rate to apply to subsequent pay-days.

(4) An attachment of earnings order shall also specify the protected earnings rate.

(a) has received from the judgment debtor a completed form pursuant to the notice in Form 72C given under rule 72.02(4) as to the property and assets of the judgment debtor and has debts, liabilities and other financial obligations; or

(b) has examined the judgment debtor as to those matters,

it shall not under subrule (3) specify as the protected earnings rate a rate that is less than 80% of the net earnings of the judgment debtor.

(6) An attachment of earnings order shall:

(a) provide that the payments under the order are to be made to the person specified in the order; and

(b) contain such particulars as the Court thinks necessary for enabling the person to whom the order is directed to identify the judgment debtor.

(7) An attachment of earnings order shall be in Form 72H.