Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 55

Determination as to what payments are earnings

55. Determination as to what payments are earnings



(1) The court by which an attachment of earnings order has been made shall, on
the application of the person to whom the order is directed, determine whether
payments to the defendant of a particular class or description specified in
the application are earnings for the purpose of that order.

(2) A person to whom an attachment of earnings order is directed who makes an
application under the last preceding subsection does not incur any liability
for failing to comply with the order with respect to any payments of the class
or description specified in the application that are made by him to the
defendant while the application, or any appeal from a determination made on
the application, is pending.

(3) The last preceding subsection does not apply in respect of any payment
made after the application has been withdrawn or an appeal from a
determination made on the application has been abandoned.