Civil Judgments Enforcement Act 2004

An available debt in relation to a judgment debtor is any obligation on the part of a person to pay money to the debtor alone, or to the debtor jointly with another or others, which obligation, at the time a debt appropriation order is made —

is current and unconditional, irrespective of whether the money or any part of it is payable at some future time; or

will arise on the fulfilment of one or more conditions under —

an existing agreement or trust; or

the will of a deceased person; or

an issued share or other marketable security;

may arise in respect of an existing cause of action; or

is imposed by a written law and is likely to arise as a result of an event that has occurred.

The following are not available debts in relation to a judgment debtor —

earnings that are or may be payable to the debtor;

money standing to the credit of the debtor in a court;

money that is payable to the debtor as a trustee and in which the debtor does not have a beneficial interest, unless the judgment concerned was given against the debtor as that trustee.