Garnishee order for rent (Form 71B)

Civil Procedure Act 2005 Part 8 Division 3 Subdivision 2A lets an owners corporation (under the Strata Schemes Management Act 2015) or an association (under the Community Land Management Act 2021) enforce a judgment for unpaid contributions against rent. It applies only where the judgment creditor is an owners corporation and the judgment debt relates to an unpaid contribution, including interest and recovery expenses (ss 122A and 122B). The order attaches rent for the lot to which the contribution relates that is held in a real estate agent's trust account for the owner (s 122C). Form 71B (version 2) is the approved order. The agent must pay within 14 days after the rent is paid into the trust account (s 122D). If the owner satisfies the court the rent is their only income, the protected minimum in s 122E applies.

When you need it

• You are an owners corporation or community association holding a NSW judgment for unpaid levies (contributions) against a lot owner.
• The lot is rented out through a real estate agent who holds the rent in a trust account.
• For other judgment creditors, or other debts, this form is not available: use Form 70 or Form 71.

1. 1

   Apply first

   File a notice of motion for a garnishee order (Form 69) with an affidavit under r 39.35. The affidavit must also state that the judgment debt relates to an unpaid contribution (r 39.43A).

2. 2

   Garnishee order details

   Enter the agent (garnishee) name and address, the judgment debtor and their address if known, and the address of the rented property.

3. 3

   Orders 1 and 2

   Insert the title or folio identifier and street address of the land, and the amount outstanding under the judgment, in both orders.

4. 4

   Issuing and creditor details

   The court completes the issuing details. Give the owners corporation's name and address for service for payments.

5. 5

   Information sheet

   Serve the attached information sheet with the order; it explains payment timing, retained expenses and the no-rent statement.

• Apply by notice of motion (Form 69) in the court that gave the judgment. It may be dealt with in the absence of the parties and need not be served on the debtor or agent (UCPR rr 39.34 and 39.43A), with an affidavit sworn not more than 14 days before filing (r 39.35).
• The order takes effect when it is served on the garnishee (UCPR r 39.39). In the Supreme and District Courts a garnishee order must be personally served; in the Local Court it may be served personally or left at the garnishee's business or residential address with a person apparently 16 or older who works or lives there (r 10.20(2)).
• A filing fee applies to the application. Check the current fee schedule of the relevant court.

• The order continues until the judgment debt is satisfied (CPA s 122C(3)). If an instalment order is made, only the instalments are payable from when it is served on the agent (s 122C(1)(b) and (2)).
• Describe the land by title reference and street address so the agent can match the rent to the right property.
• If the agent believes no rent will become payable, it may serve a statement in the approved form under r 39.40 (applied to rent by r 39.43A).