Debt Recovery (Applicant) - Enforcement via Garnishee Order

What will the court consider before redirecting a debtor's wages?: Whether the debtor is employed and the employer identified, whether the debtor can satisfy the order after necessary living expenses and other liabilities, and whether the redirection would impose unreasonable hardship (UCPR r 856(3)). While an earnings redirection is in force, no other enforcement warrant may issue for the order unless the court orders otherwise (r 861).

Which bank funds can be redirected?: Only a debt certainly payable to the debtor by the third person on the date the warrant is served, unless a regular redirection is ordered (UCPR r 840(1), (3) and (4)).

Jurisdiction: Queensland, Australia. Enforcement takes place in the court where the QCAT decision is filed, usually the Magistrates Court, because the filed decision is taken to be a money order of that court (QCAT Act 2009 s 131). Redirection warrants are governed by chapter 19 of the Uniform Civil Procedure Rules 1999 (Qld).

The Process at a Glance: Once the QCAT decision is filed as a Magistrates Court money order, the practitioner uses a statement of financial position or an enforcement hearing to identify the debtor's employer or bank. A statement in support in the approved form (Form 74), sworn not earlier than 2 business days before the application, sets out the order, payments, interest and the amount payable. An application attaching the enforcement warrant for redirection of earnings (Form 78) or of debts (Form 76) is filed without notice and is usually dealt with by the registrar without a hearing. Once issued, the warrant is served on the third person and the debtor, and the employer deducts the specified amount each pay day. The debtor may apply to set aside, suspend or vary the warrant.

Key Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) - s 131 (enforcing monetary decisions). Uniform Civil Procedure Rules 1999 (Qld) chapter 19 - r 807 (statement of financial position), r 808 (enforcement hearing), r 817 (application for an enforcement warrant and statement in support), r 820 (contents and life of a warrant), part 5 rr 839-854 (redirection of debts, including regular redirection), part 6 rr 855-867 (redirection of earnings; r 860 employer deductions; r 862 setting aside, suspending or varying).

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