Garnishee orders issued in the civil jurisdiction of the Local and District Courts for wage or salary must include instruction to the garnishee regarding the amount that a judgment debtor is entitled to retain, per section 122 of the Civil Procedure Act 2005.
The amounts attached under one or more garnishee orders must not, in total, reduce the net weekly amount of any wage or salary received by the judgment debtor from the garnishee to less than $536.90 (Effective from 1 October 2021).
This is referred to as the 'weekly compensation amount' (the weekly compensation amount is adjusted in April and October each year).
Appropriate wording for inclusion on a garnishee order
Any amount paid under one or more garnishee orders must not in total, reduce the net weekly amount of any wage or salary received by the judgment debtor to less than the standard workers compensation weekly benefit (s 122 Civil Procedure Act 2005).
This amount is adjustable - refer to WorkCover to determine the applicable rate.
You can access approved forms on the UCPR website.
Notice to garnishees
Amendment was made to the Civil Procedure Act 2005 on 24 November 2015.
Sections 121 and 123 have been amended. The amended provisions are as follows:
Section 121 maximum payment under one of several concurrent garnishee orders
(1) This section applies to a garnishee in respect of a wage or salary that is attached by one or more garnishee orders of which one or more (but not all) are limited garnishee orders.
(2) Unless the court orders otherwise, a garnishee to whom this section applies is not required to pay an amount under any garnishee order that exceeds the greatest amount payable by the garnishee under any limited garnishee order attached to the relevant wage or salary.
Note: Section 122 specifies the maximum total payment payable under one or more garnishee orders in respect of a wage or salary.
Section 123 payments by garnishee
(2) The garnishee may, after the payment of each amount attached under the garnishee order, retain up to the amount prescribed by the uniform rules to cover the garnishee’s expenses in complying with the garnishee order. The amount retained by the garnishee is in addition to the amount attached under the order.
(2A) If sufficient funds are not available to cover the prescribed amount referred to in subsection (2), the garnishee may retain that amount as soon as sufficient funds become available.