Family Justice (General) Rules 2024 · As enacted · Part 3 · Quasi-Criminal Proceedings
29. Claims and objections to attachment (P. 3, r. 29)
Feedback & supportWhere the enforcement respondent or any other person objects (each called in this Rule the objector) to any attachment of debt by the enforcement applicant, the objector must within 14 days after the service of the notice of attachment —
give notice of the objection to the Court by filing a notice of objection; and
serve a copy of the notice of objection on the enforcement applicant, the enforcement respondent (if not the objector) and any non‑party served with the notice of attachment (if not the objector) in accordance with Rule 9(2).
The notice of objection must identify the objector, specify the debt in dispute, state the grounds of objection and include any evidence supporting the grounds of objection.
If the enforcement applicant accepts the grounds of objection, the enforcement applicant must give notice in writing to the Court, the objector and any non‑party served with the notice of attachment (if not the objector) within 14 days after the service of the notice of objection that the enforcement applicant consents to the release from attachment of the specified debt, and the non‑party must release the debt accordingly.
If the enforcement applicant, within 14 days after the service of the notice of objection, fails to consent to the release or gives notice of dispute, the objector must —
file an application in accordance with Rule 12(1)(a), supported by affidavit, for an order to release the specified debt within 21 days after the service of the notice of objection, failing which the objection is deemed to have been withdrawn; and
serve the application and supporting affidavit on the enforcement applicant, the enforcement respondent (if not the objector) and any non‑party served with the notice of objection (if not the objector), within 7 days after making the application.
Subregulation 1
Where the enforcement respondent or any other person objects (each called in this Rule the objector) to any attachment of debt by the enforcement applicant, the objector must within 14 days after the service of the notice of attachment —
give notice of the objection to the Court by filing a notice of objection; and
serve a copy of the notice of objection on the enforcement applicant, the enforcement respondent (if not the objector) and any non‑party served with the notice of attachment (if not the objector) in accordance with Rule 9(2).
Subregulation 2
The notice of objection must identify the objector, specify the debt in dispute, state the grounds of objection and include any evidence supporting the grounds of objection.
Subregulation 3
If the enforcement applicant accepts the grounds of objection, the enforcement applicant must give notice in writing to the Court, the objector and any non‑party served with the notice of attachment (if not the objector) within 14 days after the service of the notice of objection that the enforcement applicant consents to the release from attachment of the specified debt, and the non‑party must release the debt accordingly.
Subregulation 4
If the enforcement applicant, within 14 days after the service of the notice of objection, fails to consent to the release or gives notice of dispute, the objector must —
file an application in accordance with Rule 12(1)(a), supported by affidavit, for an order to release the specified debt within 21 days after the service of the notice of objection, failing which the objection is deemed to have been withdrawn; and
serve the application and supporting affidavit on the enforcement applicant, the enforcement respondent (if not the objector) and any non‑party served with the notice of objection (if not the objector), within 7 days after making the application.