2369Earnings redirection order—procedure if order not

2369 Earnings redirection order—procedure if order not complied with (1) If the enforcement creditor considers that an earnings redirection order has not been complied with, the court may, on application by the enforcement creditor, hear and decide any question about the liability of the enforcement debtor’s employer to pay the earnings to which the order applies.

Rule 2400 (2) If the court is satisfied that the employer is liable to pay the earnings, the court may make an order against the employer in favour of the enforcement creditor for the lesser of— (a) the amount of earnings that has not been paid to the enforcement creditor as required by the earnings redirection order; and (b) the unpaid amount of the order debt. (3) The court may refuse to make an order under subrule (2) if it considers the order should not be made because of the smallness of either of the amounts mentioned in subrule (2) (a) or (b). (4) As between the employer and the enforcement debtor, an amount paid to the enforcement creditor by the employer under an order under this rule is taken to have been paid by the employer to the enforcement Division 2.18.9 Enforcement of money orders— charging orders 2400 Application—div 2.18.9 2401 Charging order—making order of the court, the court may make an order (a charging order) imposing a charge over all or part of the enforcement debtor’s equitable interest in any property or legal or equitable interest in 1 or more of the following (each of which is a security interest): (a) annuities; (b) debentures; (c) stocks; (d) bonds;

Rule 2402 (e) shares; (f) marketable securities; (g) interests in a managed investment scheme; (h) units of— (i) shares; or (ii) marketable securities; (i) money on deposit in a financial institution that is held— (i) in the enforcement debtor’s name in the enforcement debtor’s own right; or (ii) in someone else’s name on trust for the enforcement (2) A charging order operates, in relation to each security interest stated in the order— (a) to charge the security interest in favour of the enforcement creditor to the extent necessary to satisfy the order debt; and (b) to restrain the chargee from dealing with the security interest otherwise than in accordance with the directions of the