Supreme Court Rules 2000

In this Division – earnings, in relation to a judgment debtor, means any amount payable to the judgment debtor – by way of wages or salary or any other emolument payable in addition to wages or salary; or by way of pension – an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity; and periodical payments in respect of, or by way of, compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office; or by way of any other payment payable periodically, other than a pension, benefit or an allowance payable to the judgment debtor under any law of the Commonwealth; judgment includes an order; judgment creditor means a person entitled to enforce a judgment for the payment of money other than a judgment for the payment of money into Court; judgment debtor means a person required by a judgment to pay money other than into Court; net earnings, in relation to a pay-day, means the amount of earnings due to the judgment debtor less any usual deductions made by the garnishee in respect of the following:income tax instalments required to be deducted from those earnings under Division 2 of Part VI of the Income Tax Assessment Act 1936 of the Commonwealth; premiums to a medical or hospital benefits fund; superannuation contributions due and payable; periodical payments due and payable by the judgment debtor to the garnishee; other attachment orders made by any court having jurisdiction in the State, according to their priority; pay-day means an occasion on which earnings to which a garnishee order relates become payable; prescribed amount means 20% of net earnings.

Subject to subrule (3), this Division applies to and binds the Crown.

If earnings payable to the judgment debtor by or from the Crown are recoverable from an officer, servant or agent of the Crown, the garnishee proceedings are to be taken against that officer, servant or agent.