Third Party Debt Notice
This is a mandatory form*
If you are owed money by another person (debtor) you can ask the Court to issue a Third Party Debt Notice. This notice requires a person or organisation (the third party) who it is alleged owes money to the debtor to pay that money to you rather than the debtor (for example, it could be for be wages).
You should seek legal advice about the most appropriate method of enforcement in your case
See Chapter 20 Family Law Rules or Division 25B.2 of the Federal Magistrates Court Rules.
When can a Third Party Debt Notice be filed
When you are owed an amount of money under an order, some agreements or a child support liability. Rule 20 of the Family Court Rules or Part 25B.07 of the Federal Magistrates Court Rules specify in detail the debts that can be enforced.
What you might need to be done before requesting the Court to issue a Third Party Debt Notice
It is your responsibility to obtain all necessary information to satisfy the Court of the matters under the relevant rules.
For example:
• to find out the “protected earnings rate” which is defined as “the actual threshold income amount that would apply to a payer under part VI Division 4B of the Bankruptcy Act if the debtor was a bankrupt” you should contact the Official Trustee in Bankruptcy.
• to find out the amount the debtor earns you may be able to use the process referred to in Part 13.4 of the Family Law Rules 2004.
You may need to apply for an enforcement hearing to find out about the debtor’s financial position before asking the court to issue a Third Party Debt Notice refer to the Brochure on Enforcement Hearings.
Making copies of the form for filing, service and yourself
The completed and signed original of the form is filed at the Court. Before you file it you must also make sufficient copies to have one for each person to be served and a copy for your own records.
Filing fee
Nil
What is to be filed when requesting the Court issue a Third Party Debt Notice
The documents to be filed to obtain a Third Party Debt Notice are:
• Affidavit complying with Family Court Rules 20.06 and 20.32 or 25B.12 and 25B.22 of the Federal Magistrates Court Rules
• Four copies of a completed Third Party Debt Notice
What happens next
Your request for an Third Party Debt Notice will be considered by a Registrar. If the Registrar issues the Notice a sealed copy will be given to you to serve.
Who you serve and what you serve
On the Payer serve Third Party Debt Notice
On the Third Party debtor serve the Third Party Debt Notice and the Brochure Third Party Debt Notices
How you serve this form
By ordinary service. The Service Kit provides instructions on how to do this.
More information
For a person named as the Third party debtor refer to Brochure Third Party Debt Notices.
For more information about enforcement hearings refer to the Brochure on Enforcement Hearings,
Refer to Part 20.4 of the Family Law Rules or Division 25B.2 of the Federal Magistrates Court Rules.
In completing a Court form, you must*
Complete the form by typing (eg. on a computer or typewriter) or hand printed in ink.
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* For further information or to get paper copies of this document sent to you, call 1300 352 000, or visit a family law registry near you.