2March 1998] authorises me to seize and sell property of the judgment debtor

2 March 1998] authorises me to seize and sell property of the judgment debtor sufficient to pay the money owing to the judgment creditor. The warrant also authorises me to claim from the proceeds of the sale an amount for my fees for executing the warrant, being $ . Until the sale of the judgment debtor's property seized under the warrant, you are responsible for the safekeeping of the seized property in your custody. You must not interfere with, dispose of or remove any of the seized property without my consent. Bailiff [bailiff's address] Local Court (Civil Jurisdiction) Rules 1998 234 FORM 45A rule 45.01(2) WARRANT OF DELIVERY (The following is applicable where order is for delivery of goods only, with or without an award of damages for their detention.) On [e.g. 27 October 1997] the Local Court ordered that [party against whom order made] deliver the goods described in the Schedule to [party in whose favour order made] and pay (add following if applicable) [$ damages for their detention and] costs of $ . YOU ARE AUTHORISED to enforce the order by causing the goods described in the Schedule to be delivered to [party in whose favour order made] and by seizing and selling property of [party against whom order made] sufficient to pay the money owing to [party in whose favour order made] in respect of the order. *1. $ for damages, being $ exclusive of costs and $ for costs; fixed in accordance with law, on $[amount of damages exclusive of costs] from the date of the order; (if applicable) (The following is applicable where order is for delivery of goods OR payment of their assessed value, with or without an award of damages for their detention.) Local Court (Civil Jurisdiction) Rules 1998 235 On [e.g. 27 October 1997] the Local Court ordered that [party against whom order made] deliver the goods described in the Schedule to [party in whose favour order made] or pay $ , their assessed value, (include following if applicable) [and $ damages for their detention] and costs of $ . YOU ARE AUTHORISED to enforce the order by causing the goods to be delivered to [party in whose favour order made] and by seizing and selling property of [party against whom order made] sufficient to pay the money owing to [party in whose favour order made] in respect of the order. *1. if you cannot cause the goods to be delivered, $[assessed value of the goods], being the assessed value of the goods; (continue list by including relevant items from 1. to 5. above and re-numbering as required) (the following is applicable in all warrants of delivery) From the proceeds (continue as in Form 44A) Immediately after (continue as in Form 44A) If you attempt (continue as in Form 44A) [Describe goods as in order] Issued at the request of [party in whose favour order made] The last-known address of [party against whom order made] is [address]. (Add following if address is different.) The address of the place where it is believed that property of [party against whom order made] may be found is [address]. Local Court (Civil Jurisdiction) Rules 1998 236 FORM 46A rule 46.01(2) WARRANT OF POSSESSION On [e.g. 27 October 1997] the Local Court ordered that [party in whose favour order made] recover possession of the land described in the Schedule and that [party against whom order made] pay [party in whose favour order made] (add following if applicable) [$ for damages and] costs of $ . causing [party in whose favour order made] to have possession of it and by seizing and selling property of [party against whom order made] sufficient to pay the money owing to [party in whose favour order made] in respect of the *1. $ for damages, being $ exclusive of costs and $ for costs; fixed in accordance with law, on $[amount of damages exclusive of costs] from the date of the order; From the proceeds (continue as in Form 44A) Immediately after (continue as in Form 44A) If you attempt (continue as in Form 44A) Local Court (Civil Jurisdiction) Rules 1998 237 [describe land as in order] Issued at (continue as in Form 45A) Local Court (Civil Jurisdiction) Rules 1998 238 FORM 47A rule 47.01(1)(a) APPLICATION FOR ISSUE OF EXAMINATION SUMMONS [Judgment creditor's name], the judgment creditor, of [address], applies for the issue of an examination summons against [judgment debtor's name], the judgment debtor, of [address]. On [e.g. 27 October 1997] it was ordered that the judgment debtor pay the judgment creditor the amount of *$ together with costs/costs of $ *. The judgment debtor has defaulted in the payment of the judgment debt. $ Fee for service of examination summons * The judgment creditor requests that the judgment debtor be examined about the following matters in particular: [enter details of property or financial matters] Local Court (Civil Jurisdiction) Rules 1998 239 FORM 47B rule 47.01(1)(b) SUMMONS TO ATTEND FOR ORAL EXAMINATION *You are/An officer of the corporation is* summoned to attend before the Court to be orally examined as to your financial circumstances generally and your means and ability to satisfy the order made against you on [e.g. 27 October 1997] in favour of [name of judgment creditor] for *$ together with costs/costs of $ *. *You are/The officer is* required to produce to the Court at the examination the following documents: [description of documents]. *You/The officer* must attend at the Court at [address of Court] for the hearing of the application at a.m./p.m. on or as soon afterwards as the business of the Court allows. AMOUNTS NOW OWING $ Fee for service of examination summons The daily rate of interest now accruing is $[daily rate]. NOTE: If you do not attend at the Court as directed by this summons, the Court may issue a warrant for *your arrest/the arrest of an officer of the corporation*. Local Court (Civil Jurisdiction) Rules 1998 240 NOTE TO JUDGMENT DEBTOR: If you do not attend at the Court as directed by this summons, the Court may issue a warrant for *your arrest/the arrest of an officer of the corporation*. If the Court is required to postpone its business on the date fixed for the hearing of this application, the Court will hear the application on the date it next sits at the address stated above and you must contact a registrar of the Local Court nearest to you for the new date fixed for the hearing. NOTE TO JUDGMENT CREDITOR: If the Court is required to postpone its business on the date fixed for the hearing of this application, you may contact a registrar of the Local Court nearest to you for the new date fixed for the hearing. You are not required to serve another summons on the judgment debtor. Do not ignore this summons. If you do not understand it or need help Local Court (Civil Jurisdiction) Rules 1998 241 FORM 47C rules 47.03(b)(i), 48.04(4)(c) and 50.01(4) JUDGMENT DEBTOR'S DECLARATION OF FINANCIAL CIRCUMSTANCES (where judgment debtor is not a corporation) You are required to complete this form by giving the information requested below. The completed form signed by you must be returned to the Court and a copy sent to [name of judgment creditor] at [address for service] not later than 7 days before the date of the oral examination to which you have been summoned by the Court. DECLARATION I , (full name) (occupation) of (full residential address) do solemnly and sincerely declare that the following information and annexures (if any) are true and correct. This declaration is true and I know it is an offence to make a declaration knowing it is false in a material particular. Declared by [Signature of person making declaration] ________________________________________ at [place] ________________________________ on [date] _____________ NOTE: Making a declaration knowing it is false in a material particular is an offence for which you may be fined or imprisoned. This document does not have to be witnessed. Local Court (Civil Jurisdiction) Rules 1998 242 FINANCIAL INFORMATION 1. AMOUNT AND SOURCE OF WEEKLY INCOME Occupation (a) If working for an employer: Name and address of employer: Gross wage: Current overtime (if any): Car and other allowances and commission: (b) If self-employed or in partnership: Average pre-tax earnings for last 12 months: (c) If unemployed: Length of last employment: Date when last employment ceased: Gross weekly amount: Pension or other benefit received: Worker's compensation received: Maintenance received: Superannuation received: Board or rent received: Miscellaneous income: Average weekly interest on deposits with ADIs (e.g. banks, credit unions or building societies), debentures etc.: Average weekly dividend on shares: Other income (give particulars): TOTAL GROSS WEEKLY INCOME: $ 2. PROPERTY AND ASSETS Land, including vacant land: For each piece of land: Amount of mortgage: Motor vehicle: For each motor vehicle: Year, make and model: Amount owing to finance company: Local Court (Civil Jurisdiction) Rules 1998 243 Deposit in ADIs (e.g. banks, credit unions, building societies etc.): Other investments including shares, debentures, bonds: Money owing to you: Value of interest in partnership or business: Furniture, household and personal goods: Amount owing to finance company: Life insurance policies: Give particulars and state surrender value of each policy: Other assets (give particulars): TOTAL PROPERTY AND ASSETS: $ 3. WEEKLY DEBTS, LIABILITIES & OTHER FINANCIAL OBLIGATIONS Income tax: Superannuation: Housing (mortgage, rent, board, hospital or institution): Local government rates: Water and sewerage rates: Land tax: Child care expenses incurred for the purpose of earning income: Maintenance actually paid: Instalment payments such as household goods or tools of trade: To , $ To , $ Electricity and gas: Food: Other general household expenses: Motor vehicle expenses (registration, insurance, maintenance, fuel): Fares: Local Court (Civil Jurisdiction) Rules 1998 244 Telephone: Insurance policy premiums: School fees and other school expenses: Clothing and shoes: Medical and chemist expenses: Entertainment: Payments on court orders and fines: Other expenses (give particulars): Other debts outstanding Give particulars of debts under hire purchase, leasing credit card or other credit contracts, department store accounts, guarantee or personal loan: TOTAL DEBTS, &c.: $ 4. Identify each asset referred to in paragraph 2 that is owned jointly, and give the name of the other owner or owners: 5. Identify each debt referred to in paragraph 3 that is due jointly, and give the name of the other debtor or debtors: 6. Give particulars of any other circumstances which affect the financial situation of the judgment debtor such as the number and age of dependants, marital status and health: Local Court (Civil Jurisdiction) Rules 1998 245 FORM 47D rules 47.03(b)(ii) and 50.01(4) JUDGMENT DEBTOR'S DECLARATION OF FINANCIAL CIRCUMSTANCES (where the judgment debtor is a corporation) The appropriate officer of [name of judgment debtor], authorised by [name of judgment debtor], is required to complete this form by giving the information requested below. The completed form signed by the appropriate officer must be returned to the Court and a copy sent to [name of judgment creditor] at [address for service] not later than 7 days before the date of the oral examination to which you have been summoned by the Court. DECLARATION I, the (state office held e.g. director, secretary) of [name of judgment debtor], being authorised by the judgment debtor to act on its behalf in making this declaration, do solemnly and sincerely declare that the following information and annexures (if any) are true and correct. This declaration is true and I know it is an offence to make a declaration knowing it is false in a material particular. Declared by [Signature of person making declaration] ________________________________________ at [place] ________________________________ on [date] _____________ NOTE: Making a declaration knowing it is false in a material particular is an offence for which you may be fined or imprisoned. This document does not have to be witnessed. Local Court (Civil Jurisdiction) Rules 1998 246 FINANCIAL INFORMATION 1. AMOUNT AND SOURCE OF WEEKLY RECEIPTS Average weekly trading income: Average weekly interest on deposits with ADIs (e.g. banks, credit unions or building societies), debentures etc.: Average weekly dividend on shares: Other receipts(give particulars): TOTAL GROSS WEEKLY RECEIPTS: $ 2. PROPERTY AND ASSETS Land, including vacant land: For each piece of land: Amount of mortgage: Motor vehicle: For each motor vehicle: Year, make and model: Plant and equipment, including furniture: Stock: Deposit in ADIs (e.g. banks, credit unions, building societies etc.): Other investments including shares, debentures, bonds: Money owing to you by creditors: Other assets (give particulars): Local Court (Civil Jurisdiction) Rules 1998 247 TOTAL PROPERTY AND ASSETS: $ 3. WEEKLY DEBTS, LIABILITIES & OTHER FINANCIAL OBLIGATIONS Tax: Superannuation: Mortgage or rent: Local government rates: Water and sewerage rates: Land tax: Electricity and gas: Motor vehicle expenses (registration, insurance, maintenance, fuel): Telephone: Insurance policy premiums: Other expenses (give particulars): Other debts outstanding: Give particulars of debts under hire purchase, leasing credit card or other credit contracts, guarantee or personal loan: TOTAL DEBTS, &c.: $ 4. Identify each asset referred to in paragraph 2 that is owned jointly, and give the name of the other owner or owners: 5. Identify each debt referred to in paragraph 3 that is due jointly, and give the name of the other debtor or debtors: 6. Give particulars of any other circumstances which affect the financial situation of the judgment debtor. Local Court (Civil Jurisdiction) Rules 1998 248 FORM 47E rule 47.09(2) APPLICATION FOR ISSUE OF WARRANT FOR ARREST OF JUDGMENT DEBTOR [Judgment creditor's name], the judgment creditor, of [address], pursuant to an order dated [e.g. 19 January 1998], applies for the issue of a warrant for the arrest of [judgment debtor's name], the judgment debtor, of [address], who failed to attend before the Local Court at the time and place appointed by the summons issued on [e.g. 18 December 1997] to be examined concerning the judgment debtor's financial circumstances. On [e.g. 27 October 1997] it was ordered that the judgment debtor pay the judgment creditor the sum of $ , including costs. $ PARTICULARS OF HOW INTEREST CALCULATED [enter particulars] PARTICULARS OF AMOUNTS RECEIVED [list dates and amounts paid on account or recovered under previous warrant] Local Court (Civil Jurisdiction) Rules 1998 249 FORM 47F rule 47.09(2) WARRANT FOR ARREST OF JUDGMENT DEBTOR ON DISOBEDIENCE TO SUMMONS TO *THE BAILIFF *ALL MEMBERS OF THE POLICE FORCE OF THE NORTHERN TERRITORY. [Name of judgment debtor], a judgment debtor, of [address] has failed to attend before the Local Court at the time and place appointed by the summons issued on [e.g. 18 December 1997] to be examined concerning the judgment debtor's financial circumstances. I authorise you to enter and search by day or by night any dwelling-house, ship or place where [name of judgment debtor] is suspected to be, using all necessary force for that purpose and if necessary breaking any outer door or window, and to apprehend the judgment debtor and to bring the judgment debtor before the Court. Local Court (Civil Jurisdiction) Rules 1998 250 FORM 48A rule 48.04(1)(a) ATTACHMENT OF EARNINGS SUMMONS You are summoned to attend before the Court for the hearing of an application by the judgment creditor, [name of judgment creditor], for an order that some of your earnings be paid to satisfy a judgment debt. On [e.g. 27 October 1997] the Court made an order against you for the payment of money to the judgment creditor. Do not ignore this summons. If you do not understand this summons or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office. Local Court (Civil Jurisdiction) Rules 1998 251 FORM 48B rule 48.04(1)(b) AFFIDAVIT IN SUPPORT OF ATTACHMENT OF EARNINGS SUMMONS I, [name of judgment creditor] of [address], the judgment creditor in these proceedings, make oath and say that: *1. On [e.g. 27 October 1997], the Local Court ordered [name of judgment debtor], the judgment debtor, to pay $ to me together with costs of $ . *1. On [e.g. 27 October 1997], the Local Court ordered [name of judgment debtor], the judgment debtor, to pay me costs of $ . 2. In respect of that order, $ is now owing, made up as follows: *(a) $ , being $ exclusive of costs and $ for costs; *(a) $ for costs; *(b) $ , being interest at % per annum, the rate for the time being fixed in accordance with law, on $[amount owing, exclusive of costs] from the date of the order; (c) $ , being interest at % per annum, the rate for the time being fixed in accordance with law, on $[amount of costs] from [applicable date]; (d) $ , being the practitioner's costs and filing fee in respect of the issue of the attachment of earnings summons; (e) $ , being the fee for service of the attachment of earnings summons. *3. The daily rate of interest now accruing on the amount owing is $[daily rate]. 4. The judgment debtor is employed by [name of employer] of [address] as a [occupation]. Made at [place] ________________ on [date] ________________ By [signature of deponent] _______________________________ Local Court (Civil Jurisdiction) Rules 1998 252 Signature ______________________________________ Name ______________________________________ Address or phone no. _____________________________ Local Court (Civil Jurisdiction) Rules 1998 253 FORM 48C rule 48.06(1) ATTACHMENT OF EARNINGS ORDER THE COURT FINDS THAT: 1. On [date] the Local Court ordered [name of judgment debtor], the judgment debtor, to pay to [name of judgment creditor], the judgment creditor, *$ together with costs/costs of $ *. 2. The judgment debtor has failed to comply with the order and $ is now owing in respect of the judgment debt. 3. The judgment debtor was served with a copy of the attachment of earnings summons and *attended/had a reasonable opportunity of attending* the hearing referred to in the summons. 4. The judgment debtor is employed by [name of employer] at [address] in the Northern Territory as a [occupation] and is a person to whom earnings are payable or are likely to become payable by that employer. 1. [Name of employer] must, for the purpose of securing payment of the judgment debt of $ , while [name of judgment debtor] is employed by that employer, or until this order ceases to have effect, make deductions out of the net earnings of [name of judgment debtor] and payments to [name of judgment creditor] of [address] in accordance with this order. 2. The protected earnings are *$ / % of the net earnings* in respect of each pay-day. 3. The appropriate deduction is *$ / % of the net earnings* in respect of each pay-day. 4. Subject to paragraph 6, on each pay-day that the net earnings are in excess of the protected earnings specified in paragraph 2, the employer may first pay to himself or herself, out of that excess, $ for the administrative costs of complying with this order. 5. Subject to paragraph 6, following payment of the administrative costs in accordance with paragraph 4, the employer must pay to the judgment creditor, out of the remaining excess, the appropriate deduction specified in paragraph 3. Local Court (Civil Jurisdiction) Rules 1998 254 6. If on a pay-day the amount of net earnings in excess of the protected earnings is insufficient to allow for payment in full of the administrative costs or appropriate deduction, on that pay-day the employer may first pay as much as the excess allows towards the administrative costs, must then pay as much as the excess allows towards the appropriate deduction, and must pay the deficit in accordance with paragraph 7. 7. If on a pay-day, after payment of the administrative costs and appropriate deduction in full, the net earnings remain in excess of the protected earnings, the employer must pay from that excess as much of the total deficit from previous pay-days as the excess allows, first towards the outstanding administrative costs and then towards the outstanding appropriate deductions. NOTE: An attachment of earnings order comes into force at the end of 7 days after the day on which the order is served on the employer. Local Court (Civil Jurisdiction) Rules 1998 255 FORM 48D rule 48.08(2)(a) NOTICE TO EMPLOYER The attachment of earnings order served with this notice requires you to deduct from the net earnings payable to [name of judgment debtor] as your employee, on each pay-day until the order is discharged or suspended, the amount referred to in the order as the appropriate deduction, and to pay that amount to [name of judgment creditor], the judgment creditor, towards securing payment of $ . EARNINGS AND DEDUCTIONS Earnings means money payable to a judgment debtor by way of: (a) wages or salary, including fees, bonuses, commission, pay in lieu of leave or retirement benefit, overtime pay or other profits arising from the judgment debtor's office or employment; or (b) a pension, including: (i) an annuity for past services whether or not the services were rendered to the person paying the annuity; and (ii) periodic payments of compensation for the loss, abolition or relinquishment of, or a reduction in profits arising from, an office or employment, but does not include a pension under the Social Security Act 1991 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth. Net earnings means the earnings payable to a judgment debtor on a pay-day after the deduction of: (a) tax instalments under the Income Tax Assessment Act 1936 of the Commonwealth; and (b) superannuation contributions under the Superannuation Act 1986 of the Commonwealth. Appropriate deduction means the amount that the Court considers to be: (a) a reasonable deduction from the net earnings; and (b) not more than is necessary, to pay the judgment debt within a reasonable time after an attachment of earnings order is made. Protected earnings means the amount of the net earnings below which the Court considers it unreasonable for the earnings to be reduced by a payment to the judgment creditor, having regard to the resources and needs of the judgment debtor and of any other person for whom the judgment debtor provides or reasonably may provide. Local Court (Civil Jurisdiction) Rules 1998 256 APPLICATION TO COURT IF DOUBT ABOUT EARNINGS If you are in doubt whether payments to the judgment debtor of a particular description are earnings for the purpose of the attachment of earnings order, you may apply to the Court to have that question determined. NOTICE TO EMPLOYEE You are required to give the judgment debtor a notice specifying particulars of the payments made by you under the attachment of earnings order, including the payment for your administrative costs in respect of the order. NOTICE IF YOU ARE NOT THE EMPLOYER You must promptly give notice in accordance with Form 48F to a registrar of the Local Court and the judgment creditor: (a) if you are not the employer of the judgment debtor; or (b) if you are now the employer of the judgment debtor but later cease to employ the judgment debtor – after you cease to be the employer. EMPLOYEE NOT TO BE DISMISSED OR PREJUDICED A person who dismisses an employee, injures an employee in his or her employment or alters an employee's position to his or her prejudice because an attachment of earnings order has been made, or because the person is required to make payments under the order in relation to the employee, may be dealt with as for contempt of court. Local Court (Civil Jurisdiction) Rules 1998 257 FORM 48E rules 48.08(2)(b) and 48.09 NOTICE THAT JUDGMENT DEBTOR NOT EMPLOYED AT [ADDRESS OF COURT] AND TO [NAME OF JUDGMENT CREDITOR] I refer to the order made on [e.g. 2 March 1998] that I make payments to [name of judgment creditor], the judgment creditor, out of the net earnings of [name of judgment debtor], the judgment debtor, and give notice that: * The judgment debtor is not employed by me. * I ceased to be the judgment debtor's employer on . (date) (e.g. 5 March 1998) [signature of employer] Local Court (Civil Jurisdiction) Rules 1998 258 FORM 48F rule 48.13(1)(a) APPLICATION FOR ENFORCEMENT OF ATTACHMENT OF EARNINGS ORDER AGAINST EMPLOYER IN THE LOCAL COURT AT [VENUE] Claim No. Between [FULL NAME] Judgment Creditor and [FULL NAME] Judgment Debtor and [FULL NAME] Employer TO [NAME OF EMPLOYER] You are ordered to attend before the Court for the hearing of an application by the judgment creditor for an order that the attachment of earnings order made on [e.g. 15 December 1997] be enforced against you as the employer of the judgment debtor. This application was filed by the judgment creditor. Local Court (Civil Jurisdiction) Rules 1998 259 FORM 48G rule 48.16(2) NOTICE OF CESSATION OF ATTACHMENT OF EARNINGS ORDER TO [NAME OF EMPLOYER] OF [ADDRESS], THE EMPLOYER OF [NAME OF JUDGMENT DEBTOR]. The attachment of earnings order made on [date], which ordered you to make payments to [name of judgment creditor] out of the earnings payable to [name of judgment debtor], ceased to have effect on [date] because [state reason]. NOTE: Any adjustments to the employee's salary as a consequence of the cessation of the attachment of earnings order must be made not later than 7 days after receiving this notice. The employer does not incur a liability for treating the attachment of earnings order as still in force at any time before the end of 7 days after receipt of this notice or (if applicable) at any time before a copy of an order discharging the attachment of earnings order is served on the employer, whichever occurs first. Local Court (Civil Jurisdiction) Rules 1998 260 FORM 49A rule 49.03(1)(a) GARNISHEE SUMMONS IN THE LOCAL COURT AT [VENUE] Claim No. Between [FULL NAME] Judgment Creditor and [FULL NAME] Judgment Debtor and [FULL NAME] Garnishee TO [NAME OF GARNISHEE] You are summoned to attend before the Court for the hearing of an application by the judgment creditor for an order that you, the garnishee: *pay to the judgment creditor the debt due from you to the judgment debtor, *pay to the judgment creditor in such amount or amounts and at such time or times as the Court may direct the debt accruing from you to the judgment debtor, (continue) or so much of that debt as may be sufficient to satisfy the judgment debt payable by the judgment debtor to the judgment creditor under an order made by the Court on [e.g. 2 March 1998] for $ , interest accrued and accruing on the judgment debt and the costs of the judgment creditor in respect of the garnishee proceedings. The sum required to satisfy the judgment debt, interest and costs is $ , and is made up as follows: (a) $ , the amount due and unpaid under the judgment; (b) $ , the amount of interest accrued and accruing; (c) $ , the costs of the garnishee proceedings. The debt in respect of which this summons is filed is [give details of the debt]. Local Court (Civil Jurisdiction) Rules 1998 261 NOTE: Money owing under the debt to the extent of the judgment is not to be paid to the judgment debtor unless the Court so orders. You may dispute liability for payment of the debt to the judgment debtor by filing and serving on the judgment creditor and the judgment debtor, NOT LATER THAN 7 DAYS before the date of the hearing referred to above, an affidavit stating that fact and disclosing the grounds on which liability is disputed. Local Court (Civil Jurisdiction) Rules 1998 262 FORM 49B rule 49.07(1)(a) ATTACHMENT OF DEBTS ORDER (where garnishee debt less than judgment debt, interest and judgment creditor's costs) [Heading as in Form 49A] 1. The garnishee (where appropriate insert here: after deducting $ for the costs of the garnishee application) pay immediately to the judgment creditor $ , the debt due from the garnishee to the judgment debtor and that in default of payment action may be taken against the garnishee. (or where the debt is not due but accruing) The garnishee pay to the judgment creditor $ , the debt accruing from the garnishee to the judgment debtor, as follows: [state the amount or amounts to be paid and the time or times of payment as directed by the Court] and that in default of payment action may be taken against the garnishee. 2. The costs of the judgment creditor of the garnishee application, being an amount of $ , be added to the judgment debt and the interest accrued on that debt and be retained by the judgment creditor out of the money recovered by the judgment creditor under this order in priority to the judgment debt and interest. Local Court (Civil Jurisdiction) Rules 1998 263 FORM 49C rule 49.07(1)(b) ATTACHMENT OF DEBTS ORDER (where garnishee debt more than judgment debt, interest and judgment creditor's costs) [Heading as in Form 49A] 1. The garnishee pay immediately to the judgment creditor $ , being so much of the debt due from the garnishee to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued on that debt and the costs of the judgment creditor of the garnishee proceedings, and that in default of payment action may be taken against the garnishee. (or where the debt is not due but accruing) The garnishee pay to the judgment creditor $ , being so much of the debt accruing from the garnishee to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued on that debt and the costs of the judgment creditor of the garnishee proceedings as follows: [state the amount or amounts to be paid and the time or times of payment as directed by the Court] and that in default of payment action may be taken against the garnishee. (where appropriate add) 2. The garnishee be at liberty to retain $ for the garnishee's costs of the garnishee proceedings out of the balance of the debt due (or accruing) from him or her to the judgment debtor. Local Court (Civil Jurisdiction) Rules 1998 264 FORM 50A rule 50.01(1) APPLICATION FOR ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS This application is made by the *judgment creditor/judgment debtor* of [usual place of residence or of business or registered office], with respect to the order dated [e.g. 27 October 1997] made in the Local Court that [name of judgment debtor], the judgment debtor, must pay [name of judgment creditor], the judgment creditor, *$ together with costs/costs of $ *. $ is now owing under the order, being: *(a) $ , the amount due under the order; (c) $ , the amount of interest. (if capable of calculation where the judgment debtor applies) The *judgment creditor/judgment debtor* applies to the Court for an order for the payment by instalments of the amount owing as follows: [state the amount of each instalment, weekly, monthly or other period, the number of instalments and the dates of the first and last instalments] The judgment debtor is unable to pay the amount owing in one sum because [state briefly why]. The address for service of [identify the applicant] is: Local Court (Civil Jurisdiction) Rules 1998 265 NOTE: If the applicant is the JUDGMENT DEBTOR, he or she MUST FILE AND SERVE with this application a declaration of financial circumstances in accordance with Form 43C or 43D. If the applicant is the JUDGMENT CREDITOR, he or she MUST FILE AND SERVE with this application an affidavit stating the facts on which the application is based. A registrar of the Local Court will consider this application and THE PARTIES WILL BE NOTIFIED as soon as practicable of the registrar's decision and how to object to that decision if they so wish. THE PARTY SERVED WITH THIS APPLICATION MAY CONSENT to the order sought by filing and serving a notice of consent in accordance with Form 50F. Local Court (Civil Jurisdiction) Rules 1998 266 FORM 50B rule 50.01(2) APPLICATION FOR VARIATION OR CANCELLATION OF ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS This application is made by the *judgment creditor/judgment debtor* of [usual place of residence or of business or registered office], with respect to the order dated [e.g. 27 October 1997] made in the Local Court that [name of judgment debtor], the judgment debtor, must pay [name of judgment creditor], the judgment creditor, *$ together with costs/costs of $ *. On [e.g. 24 November 1997] an order was made that the judgment debtor pay $ , the amount then owing under the order, by instalments as follows: [insert terms of order] The judgment debtor has: * paid the instalments in accordance with the order. * failed to pay the instalments due under the order on [date] and on [date]. The instalments are now in arrears in the amount of $ . $ is now owing under the order, being: *(a) $ , the amount due under the order; (c) $ , the amount of interest. (if capable of calculation where the judgment debtor applies) The *judgment creditor/judgment debtor* applies for an order that the order made on [e.g. 24 November 1997]: *be varied as follows: [give particulars of variation sought stating amount of each instalment, weekly, monthly or other period, the number of instalments, the dates of the first and last instalments and the name and address of person to be paid under the order as varied]. *be cancelled. Local Court (Civil Jurisdiction) Rules 1998 267 The grounds on which the application is made are: [where the judgment debtor applies, give particulars of any material change in the circumstances of the judgment debtor since the date of the order] [where the judgment creditor applies, give particulars of any allegation that there has been a substantial increase in the property or means of the judgment debtor or that any information given by the judgment debtor in support of the application for the order for the payment of the judgment debt by instalments or in any agreement for the payment of the judgment debt by instalments was inaccurate]. The address for service of [identify the applicant] is: NOTE: If the applicant is the JUDGMENT DEBTOR, he or she MUST FILE AND SERVE with this application a declaration of financial circumstances in accordance with Form 43C or 43D. If the applicant is the JUDGMENT CREDITOR, he or she MUST FILE AND SERVE with this application an affidavit stating the facts on which the application is based. A registrar of the Local Court will consider this application and THE PARTIES WILL BE NOTIFIED as soon as practicable of the registrar's decision and how to object to that decision if they so wish. THE PARTY SERVED WITH THIS APPLICATION MAY CONSENT to the order sought by filing and serving a notice of consent in accordance with Form 50F. Local Court (Civil Jurisdiction) Rules 1998 268 FORM 50C rule 50.02(2)(a) ORDER RELATING TO PAYMENT OF JUDGMENT DEBT BY INSTALMENTS *[Name of judgment debtor], the judgment debtor, pay to [name of judgment creditor], the judgment creditor, $ , being the amount owing in respect of an order for the payment of money dated [e.g. 27 October 1997], by instalments as follows: [state amount of each instalment, weekly, monthly or other period for payment, number of instalments, dates of payments of first and last instalments to be made and address of person to be paid]. (OR) *The order made on [e.g. 24 November 1997] that the judgment debtor pay by instalments $ , which was then owing under a judgment for the judgment creditor against the judgment debtor dated [e.g. 27 October 1997], be varied as follows: [complete appropriately] (OR) *The order made on [e.g. 24 November 1997] that the judgment debtor pay by instalments $ , which was then owing under a judgment for the judgment creditor against the judgment debtor dated [e.g. 27 November 1997], be cancelled. (OR) [if other order made, complete as appropriate] Local Court (Civil Jurisdiction) Rules 1998 269 NOTE: IF YOU OBJECT to the order being made in the terms above, YOU MUST, NOT LATER THAN 14 DAYS after the date of this notice, file a notice of objection in accordance with Form 50E at the Court and serve a copy on the other party. Local Court (Civil Jurisdiction) Rules 1998 270 FORM 50D rule 50.02(2)(b) NOTICE OF REFUSAL TO MAKE ORDER RELATING TO PAYMENT OF JUDGMENT DEBT BY INSTALMENTS TO [NAME OF JUDGMENT CREDITOR] AND TO [NAME OF JUDGMENT DEBTOR] TAKE NOTICE that on [date] I refused an application by the *judgment creditor/judgment debtor* for the following order: [complete appropriately] IF YOU OBJECT to the refusal to make the order sought, YOU MUST, NOT LATER THAN 14 DAYS after the date of this notice, file a notice of objection in accordance with Form 50E at the Court and serve a copy on the other Local Court (Civil Jurisdiction) Rules 1998 271 FORM 50E rule 50.03(1) NOTICE OF OBJECTION TO ORDER MADE OR REFUSAL TO MAKE ORDER FOR PAYMENT, VARIATION OR CANCELLATION OF JUDGMENT DEBT BY INSTALMENTS I, [name of person objecting], the *judgment creditor/judgment debtor* object to: * the order made by the Court on [e.g. 2 March 1998] in respect of the *payment/*variation/cancellation* of a judgment debt by instalments. * the Court's refusal to make an order in respect of the *payment/*variation/cancellation* of a judgment debt by instalments, as notified in the notice dated [e.g. 2 March 1998]. I object on the following grounds: [state grounds of objection]. The objection will be heard by the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows. The address for service of [identify applicant] is: NOTE TO JUDGMENT DEBTOR: To prove your statutory declaration of financial circumstances and for the Court to fully examine your ability to pay the money owing, you must bring to the hearing documents such as pay slips, tax returns, bank account statements and passbooks, rent slips, statement of unemployment/sickness/disability benefits or any other document which may be of assistance to the Court. If you do not bring these documents, the Court may adjourn the hearing and order you to produce them. Local Court (Civil Jurisdiction) Rules 1998 272 Local Court (Civil Jurisdiction) Rules 1998 273 FORM 50F rule 50.05 NOTICE OF CONSENT TO ORDER RELATING TO PAYMENT OF DEBT BY INSTALMENTS The *judgment creditor/judgment debtor* consents to the Court making an order that: 2. Local Court (Civil Jurisdiction) Rules 1998 274 FORM 50G rule 50.06(3)(a) INSTALMENT AGREEMENT 1. This agreement is made between [name of judgment creditor], the judgment creditor, of [usual place of residence or of business or registered office] and [name of judgment debtor], the judgment debtor, of [usual place of residence or of business or registered office] with respect to the order dated [e.g. 2 March 1998] made in the Local Court that the judgment debtor must pay the judgment creditor *$ together with costs/costs of $ *. 2. $ is now owing under the order, being: *(a) $ , the amount due under the judgment; (c) $ , the amount of interest. 3. The parties agree that the judgment debtor will pay and the judgment creditor will accept payment of [$ amount owing under order] by instalments as follows: (a) [number of instalments]; (b) [amount of each instalment]; (c) [weekly, monthly or other period for payment]; (d) [date of payment of: first instalment last instalment]; (e) [name and address of person to whom payment to be made]; 4. The judgment debtor acknowledges that on the filing of this agreement, if a failure to comply with this agreement continues for 14 days or more, the judgment creditor may take further action to enforce the order referred to in paragraph 1. Local Court (Civil Jurisdiction) Rules 1998 275 Signed by the judgment creditor: Signed by witness: Name: Contact address or telephone number: Signed by the judgment debtor: Signed by witness: Name: Contact address or telephone number: * Delete if inapplicable. Re-number where required. Local Court (Civil Jurisdiction) Rules 1998 276 FORM 51A rule 51.02(1)(a) CHARGING SUMMONS TO [NAME OF PERSON TO WHOM SUMMONS IS DIRECTED] AND TO [NAME OF JUDGMENT DEBTOR] You are summoned to attend before the Court on the hearing of an application by [name of judgment creditor], the judgment creditor, for an order that certain securities [or as the case may be] in which [name of judgment debtor], the judgment debtor, has a beneficial interest, namely, [give particulars sufficient to identify the securities and the interest of the judgment debtor], stand charged to the extent of the value of the entire beneficial interest of the judgment debtor in the securities or of so much of that value as may be sufficient to satisfy a judgment debt payable by the judgment debtor to the judgment creditor under an order made in the Local Court on [e.g. 2 March 1998] for $ , made up as follows: (a) $ , the amount due and unpaid under the judgment debt; (b) $ , the amount of interest accrued or estimated to accrue; and (c) $ , the estimated costs of the charging order proceedings. NOTE: To [name of person to whom summons is directed]. Upon service of this summons you must not, except by order of the Court, cause or permit a transfer of any of the above-mentioned securities to be made or pay to a person any dividend or interest on those securities. Local Court (Civil Jurisdiction) Rules 1998 277 NOTE: To the judgment debtor. Unless the Court orders otherwise, any disposition by you of your interests in any of the above-mentioned securities made after service of this summons and before the application for the charging order is heard by the Court is invalid as against the judgment creditor. Local Court (Civil Jurisdiction) Rules 1998 278 FORM 53A rule 53.01(3)(a) SEQUESTRATION SUMMONS TO [NAME OF PERSON ORDERED TO PAY MONEY INTO COURT] *AND [NAME OF OFFICER OF CORPORATION] *You are/An officer of the corporation named above is* summoned to attend before the Court for the hearing of an application by the [identify person seeking order] for an order for the sequestration of your property to a value sufficient to satisfy an order made in the Local Court on [e.g. 27 March 1998] that you pay $ into the Court. Local Court (Civil Jurisdiction) Rules 1998 279 FORM 53AA rule 53A.01 APPLICATION FOR CERTIFICATE UNDER SECTION 28C OF THE LOCAL COURT (CIVIL PROCEDURE) ACT 1989 [FULL NAME] Applicant The applicant applies to the Court for a certificate under section 28C of the Local Court (Civil Procedure) Act 1989. Dates of the alleged commission of an offence against section 228C, 228D or 228E of the Criminal Code (if known): Particulars of how the applicant's identification information was the subject of the alleged offence: [Attach supporting material if available, e.g. emails, letters, bank statements] Date of police report (if filed): [Attach copy] Details of court proceedings (if commenced): [Attach relevant information] Particulars of how the commission of the alleged offence has caused problems in relation to the applicant's personal or business affairs and how a certificate would assist the victim to deal with those problems: The draft certificate under section 28C of the Local Court (Civil Procedure) Act 1989 is attached. Full name or business name of applicant: Current address: Date of birth or ABN: [signature of applicant] Local Court (Civil Jurisdiction) Rules 1998 280 FORM 53AB rule 53A.02 CERTIFICATE UNDER SECTION 28C OF THE LOCAL COURT (CIVIL PROCEDURE) ACT 1989 Name of Judge: Place where certificate is being issued: Full name or business name of victim: Current address: Date of birth or ABN: Particulars of how the victim's identification information was the subject of an alleged offence under section 228C, 228D or 228E of the Criminal Code: Any other relevant information: In issuing this certificate, I have had regard to section 28C(1) of the Local Court (Civil Procedure) Act 1989. Dated Judge Local Court (Civil Jurisdiction) Rules 1998 281 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Local Court Rules (SL No. 5, 1998) Notified 20 May 1998 Commenced 1 June 1998 (r 1.02, s 2 Local Court Amendment Act 1997 (Act No. 20, 1997) and Gaz G19, 20 May 1998, p 2) Amendment of Local Court Rules (SL No. 37, 1998) Notified 7 October 1998 Commenced 7 October 1998 Amendments of Local Court Rules (SL No. 38, 2000) Notified 5 July 2000 Commenced 5 July 2000 Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000) Assent date 12 September 2000 Commenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2, 2000) and Gaz G38, 27 September 2000, p 2) Amendments of Local Court Rules (SL No. 26, 2001) Notified 30 May 2001 Commenced 30 May 2001 Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001) Assent date 29 June 2001 Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) Statute Law Revision Act 2002 (Act No. 18, 2002) Assent date 7 June 2002 Commenced 7 June 2002 Local Court (Civil Jurisdiction) Rules 1998 282 Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002) Assent date 13 September 2002 Commenced 30 October 2002 (Gaz G43, 30 October 2002, p 3) Amendments of Local Court Rules (SL No. 42, 2002) Notified 1 November 2002 Commenced 1 November 2002 Amendment of Local Court Rules (SL No. 50, 2002) Notified 4 December 2002 Commenced 4 December 2002 Personal Injuries (Liabilities and Damages) (Consequential Amendments) Act 2003 (Act No. 4, 2003) Assent date 18 March 2003 Commenced 1 May 2003 (s 2, s 2 Personal Injuries (Liabilities and Damages) Act 2003 (Act No. 3, 2003) Gaz G17,