Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 51

Cessation of attachment of earnings order

51. Cessation of attachment of earnings order



(1) An attachment of earnings order shall cease to have effect-

   (a)  upon being discharged under the last preceding section;

   (b)  subject to subsection (2) of this section upon the discharge or
        variation of the maintenance order in relation to which the attachment
        of earnings order was made; or

   (c)  unless the court otherwise orders, upon the making of any other order
        for the enforcement of the maintenance order in relation to which the
        attachment of earnings order was made.



(2) Where it appears to the court discharging a maintenance order that arrears
under the order will remain to be recovered under the order, the court may
direct that the attachment of earnings order shall not cease to have effect
until those arrears have been paid.

(3) Where an attachment of earnings order ceases to have effect the registrar
of the Court at the venue at which the order was made shall forthwith give
notice accordingly to the person to whom the order was directed.

(4) Where an attachment of earnings order ceases to have effect the person to
whom the attachment of earnings order is directed shall not incur any
liability in consequence of his treating the order as still in force at any
time before the expiration of seven days after the date on which the notice
required by the last preceding subsection or a copy of the discharging order,
as the case may be, is served on him.