Uniform Civil Procedure (Amendment No 87) Rule 2018 (NSW)

New South Wales

Uniform Civil Procedure (Amendment No 87)

Rule 2018

under the

Civil Procedure Act 2005

The Uniform Rules Committee has made the following rule of court under the Civil Procedure

Act 2005.

Rebel Kenna

Secretary of the Uniform Rules Committee

Explanatory note

The object of this Rule is to amend the Uniform Civil Procedure Rules 2005 to increase the minimum amount in credit to a judgment debtor before a garnishee order may operate to incorporate the minimum account balance specified by section 118A of the Civil Procedure Act 2005.

Uniform Civil Procedure (Amendment No 87) Rule 2018 [NSW]

Uniform Civil Procedure (Amendment No 87) Rule 2018

under the

Civil Procedure Act 2005

1      Name of Rule

This Rule is the Uniform Civil Procedure (Amendment No 87) Rule 2018.

2      Commencement

This Rule commences on the day on which it is published on the NSW legislation website.

3 Amendment of Uniform Civil Procedure Rules 2005

Rule 39.39A

Omit the rule. Insert instead:

39.39A

When garnishee not obligated to pay amount to judgment creditor

(1)	A garnishee order does not operate to attach to a debt if the debt is an amount of less than the prescribed minimum account balance, plus $20, standing to the credit of the judgment debtor in a financial institution.
(2)	In this rule, the prescribed minimum account balance means the amount referred to in section 118A (1) of the Civil Procedure Act 2005, as adjusted from time to time under section 118A (2) of that Act.