Civil Judgments Enforcement Act 2004

In order to recover a judgment debt, a judgment creditor may apply to the court for an order requiring a person who is liable to pay earnings to the judgment debtor to pay a portion of those earnings to the judgment creditor at the time or times when the balance of the earnings is paid to the judgment debtor.

The court may make such an order, subject to sections 18(2), 21 and 22 and this section.

An earnings appropriation order must not be made unless an instalment order has been made in respect of the judgment debt and has been disobeyed and cancelled.

An earnings appropriation order must not be made against a judgment debtor in respect of a monetary judgment if another earnings appropriation order against the judgment debtor is in effect, whether in respect of that judgment or another monetary judgment.

An earnings appropriation order must not be addressed to more than one person who is liable to pay earnings to the judgment debtor.

Despite any other law, an earnings appropriation order may be made in respect of any earnings owed by the State to the judgment debtor.

If an earnings appropriation order is in effect in relation to a judgment debtor, a subsequent earnings appropriation order made in respect of the same judgment debtor in respect of another monetary judgment and addressed to the same person to whom the first order is addressed has no effect.