Attachment of earnings order (Form 72F)

Order 72 of the Magistrates' Court General Civil Procedure Rules 2020 lets a judgment creditor apply, by summons in Form 72A with an affidavit in Form 72B, for an attachment of earnings order (r 72.02). If the court is satisfied the debtor has earnings and has not complied with the order for the judgment debt, it can order the employer to make payments out of those earnings (r 72.03). The order must specify a normal deduction rate, a protected earnings rate and an amount the employer may keep for clerical costs (r 72.05(1)-(4)), and it must be in Form 72F (r 72.05(6)). Pensions under the Social Security Act 1991 and Veterans' Entitlements Act 1986 are not "earnings" for this purpose (r 72.01).

When you need it

• The court has decided to make an attachment of earnings order on your Form 72A application and you need the formal order to serve on the debtor's employer. The court's guide calls this step applying for the formal order.
• You are an employer or payroll officer who has received a Form 72F and need to understand what it requires.
• Not where the debtor's only income is a Centrelink payment: the court's guide says a debtor cannot be put on an attachment of earnings order in that case.

1. 1

   Fill in the heading

   Copy the court number, venue and party details from the proceeding, with your filing details as the creditor or creditor's lawyer.

2. 2

   Paragraph 1: employer, debtor and deduction

   Insert the employer's name and address, the judgment debtor's name, the normal deduction amount and period (week, fortnight or month) set by the court, the total to be deducted, and the name and address of the person payments are to be sent to.

3. 3

   Paragraph 2: protected earnings rate

   Insert the protected earnings rate and period fixed by the court. Unless the debtor returned a Form 72C statement or was examined, the court cannot set it below 80 per cent of net earnings (r 72.05(5)).

4. 4

   Paragraph 5: clerical costs

   Insert the amount per pay day the employer may deduct for administration, as fixed by the court (r 72.05(4)).

5. 5

   Paragraph 6: notice details

   Insert the court venue and the creditor's or creditor's lawyer's address, so an employer who is not, or stops being, the debtor's employer knows where to send written notice (r 72.14(2)-(3)).

6. 6

   Leave the signature to the court

   The order is dated and signed by the registrar. Use the exact figures in the court's decision.

• The court's guide says to file the original and two copies of the completed Form 72F with the court where the order was made, in person or by post, and that a filing fee applies - check the current civil fees page.
• Serve the order on the judgment debtor and on the employer it is directed to (r 72.06(1)), personally or by registered post (r 72.16).
• The order does not come into force until 7 days after it is served on the employer (r 72.06(2)); the form's notes say the first deduction is on the first pay day after that.
• The person who served the order completes an affidavit of service (Form 6A).

• Employers: deduct only when net earnings exceed the protected earnings, and make up any shortfall from later excess earnings (r 72.07(1)). Give the debtor notice of each payment (r 72.14(1)).
• If the employer does not comply, the creditor can apply to have the order enforced against the employer (r 72.07(2)). The form also warns that non-compliance is an offence.
• While the order is in force, a warrant or other enforcement process cannot issue for the same judgment unless the court orders otherwise (r 72.09). Either party can apply to discharge, suspend or vary it (r 72.10).