South Australian Consolidated Acts South Australian Consolidated Acts (1) The court may, on
application by a judgment creditor (which may be made without notice) order
that—
(a)
money owing or accruing to the judgment debtor from a third person; or
(b)
money of the judgment debtor in the hands of a third person (including money
in an ADI account),
be attached to answer the judgment and paid to the judgment creditor.
(2) An order cannot be
made under subsection (1) in respect of salary or wages unless the
judgment debtor consents to the making of the order but, once that consent has
been given, the extent to which the salary or wages are attached is in the
discretion of the court.
(3) If an order is
made under this section on an application made without notice to the judgment
debtor or the garnishee (or both), the following provisions apply:
(a) the
order will operate to restrain the garnishee from dealing with money to which
the order relates until both the judgment debtor and the garnishee have had an
opportunity to be heard in the proceedings;
(b) the
court will adjourn the proceedings to give the judgment debtor and the
garnishee an opportunity to be heard;
(c) at
the adjourned hearing the court will allow the judgment creditor and the
garnishee to give evidence or make representations (or both);
(d)
after consideration of the evidence and representations (if any), the court
will confirm, vary or revoke the order.
(4) In deciding
whether to make, vary or confirm an order under this section affecting money
of a natural person, the court should have due regard to any evidence placed
before it as to—
(a) the
judgment debtor's means of satisfying the judgment; and
(b) the
necessary living expenses of the judgment debtor and his or her dependants;
and
(c)
other liabilities of the judgment debtor.
(5) An order under
this section may authorise the garnishee to retain from the money subject to
attachment a reasonable sum, fixed in the order, as compensation for the
garnishee's expenses in complying with the order.
(6) If the garnishee
does not comply with an order under this section—
(a) the
garnishee commits a contempt of the court by which the order was made; and
(b) the
garnishee becomes personally liable for payment to the judgment creditor of
the amount subject to attachment.
(7) If, because a
garnishee order has been made in relation to an employee, the employer—
(a)
dismisses the employee; or
(b)
injures the employee in employment; or
(c)
alters the employee's position to the employee's prejudice,
the employer is guilty of an offence.
Penalty: Division 5 fine.