Family Justice (General) Rules 2024 · As enacted · Part 3 · Quasi-Criminal Proceedings
25. Enforcement orders for attachment of debt (P. 3, r. 25)
Feedback & supportSubject to any written law, an enforcement order authorises the enforcement applicant to attach a debt which is due to the enforcement respondent from any non‑party, whether immediately or at some future date or at certain intervals in the future, including where the debt which is due to the enforcement respondent is represented by a deposit of money by the enforcement respondent in a non‑party that is a financial institution, whether or not the deposit has matured and despite any restriction as to the mode of withdrawal.
An enforcement order is valid beginning with the date of issue, and ceases to be valid after the earliest of the following:
the enforcement applicant informs the Court that the enforcement respondent has satisfied the maintenance order;
the enforcement applicant requests that the Court withdraws the attachment of the debt;
the non-party hands or pays over to the enforcement applicant the debt due to the enforcement respondent;
the enforcement applicant consents to the release of the debt under Rule 29(3);
the Court orders the release of the debt pursuant to an application under Rule 29(4);
the Court orders the withdrawal of the attachment of the debt under Rule 31.
Subregulation 1
Subject to any written law, an enforcement order authorises the enforcement applicant to attach a debt which is due to the enforcement respondent from any non‑party, whether immediately or at some future date or at certain intervals in the future, including where the debt which is due to the enforcement respondent is represented by a deposit of money by the enforcement respondent in a non‑party that is a financial institution, whether or not the deposit has matured and despite any restriction as to the mode of withdrawal.
Subregulation 2
An enforcement order is valid beginning with the date of issue, and ceases to be valid after the earliest of the following:
the enforcement applicant informs the Court that the enforcement respondent has satisfied the maintenance order;
the enforcement applicant requests that the Court withdraws the attachment of the debt;
the non-party hands or pays over to the enforcement applicant the debt due to the enforcement respondent;
the enforcement applicant consents to the release of the debt under Rule 29(3);
the Court orders the release of the debt pursuant to an application under Rule 29(4);
the Court orders the withdrawal of the attachment of the debt under Rule 31.