122COperation of garnishee order in relation to rental income

122C Operation of garnishee order in relation to rental income

122C Operation of garnishee order in relation to rental income

(1) Subject to section 122E and the uniform rules, a garnishee order operates to attach, to the extent of the amount outstanding under the judgment—

(a) any rent for the property to which the unpaid contribution relates that, while the order is in force, is held by a real estate agent in a trust account for the benefit of the judgment debtor, or

(b) if the judgment debt becomes the subject of an instalment order, such amounts from any such rent as are equivalent to the instalments payable under the instalment order.

(2) An instalment order with respect to a judgment debt the subject of a garnishee order takes effect in relation to the amounts payable under the garnishee order as from the time the instalment order is served on the garnishee.

(3) A garnishee order ceases to have effect, in relation to the rent held for the benefit of a judgment debtor, when the judgment debt is satisfied.

pt 2A, divs 1–6 (ss 18A–18O): Ins 2010 No 135, Sch 6.2 [2]. Rep 2013 No 1, Sch 1.6 [2].

ss 122B–122E: Ins 2015 No 50, Sch 4.3 [2].