NSW UCPR [Form 71B] Garnishee Order for Rent ➲ Owners Corporation

When is a NSW UCPR [Form 71B] Garnishee Order for Rent (by Owners Corporation) used?

See ss.122A, 122B, 122C, 122D, 122E of the Civil Procedure Act 2005 (NSW) and UCPR 39.43A for more information.

This [Form 71B] only applies to situations where an application is made by an Owners Corporation for a Garnishee Order for Rent, where the debt arises from unpaid contributions.

A Garnishee Order for Rent directs the tenant or property manager (the Garnishee) to make to make rent payments that are payable by the Garnishee to the Judgment Debtor to the Owners Corporation in satisfaction of the judgment debt for unpaid contributions.

If your [Form 69] Notice of Motion for a Garnishee Order is granted and is for a situation where the debt arises from unpaid contributions the Owners Corporation, the Court will grant the Garnishee Order using this [Form 71B] requiring the Garnishee to make rent payments that are payable to the Judgment Debtor, to the Owners Corporation instead.

The Owners Corporation MUST serve a copy of the Garnishee Order for Rent on the Garnishee.

The Garnishee Order for Rent will continue to operate until the judgment debt is paid.

Amount Not to be Garnisheed

See s.122E of the Civil Procedure Act 2005 (NSW) for more information.

Section 122E provides that if a Judgment Debtor satisfies a court that rent attached by a garnishee order is the only source of income of the Judgment Debtor, then the garnishee order must not reduce the net weekly amount of rent received to less than $447.70, being the standard workers compensation weekly benefit (the amount prescribed by Division 6 of Part 3 of the Workers Compensation Act 1987 (NSW), as adjusted from time to time under s.82).

See the Important information for the Garnishee (detailed below) sheet attached to the rear of this [Form 71B], under the heading ‘Making payments’, in particular:

Amounts Garnishee may Retain

Section 123 of the Civil Procedure Act 2005 (NSW) provides that a 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.

Currently, this amount is set at $13.00.

If sufficient funds are not available to cover the prescribed amount, the Garnishee  may retain that amount as soon as sufficient funds become available.

See the Important information for the Garnishee (detailed below) sheet attached to the rear of this [Form 71B], under the heading ‘Making payments’, for details of the amount a Garnishee  may retain to cover the expense of complying with a Garnishee Order.

Important information for the Garnishee

Please read this Notice and the Garnishee Order for Rent very carefully.

Attached to this Notice is a Garnishee Order for Rent issued out of a New South Wales Court.

The order requires you (the Garnishee) make payments from any Rent as defined in order 1 that is payable by you to the Judgment Debtor to the Judgment Creditor in satisfaction of the judgment debt.

The Garnishee Order takes effect from when it is served on you and will continue to operate until the judgment debt is paid unless the court otherwise orders.

Time within which payment to be made

Payment MUST be made to the Judgment Creditor within 14 days after the date on which the Rent is received into your trust account (if you are the property manager) and is due to be paid to the Judgment Debtor.

Making payments

Payment MUST be made to the Judgment Creditor at the address specified in the Garnishee Order.

You are entitled to retain a maximum of $13.00 to cover your expenses in complying with the Garnishee Order.  

Any amount that you retain for expenses does not operate to reduce the judgment debt.

If a Judgment Debtor satisfies a Court that rent attached by a Garnishee Order is their only source of income, 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 (section 122E Civil Procedure Act 2005).

This amount is adjustable – refer to the WorkCover NSW website http://www.workcover.nsw.gov.au to determine the applicable rate.

Effect of an Instalment Order

If the judgment debt becomes the subject of an instalment order, you are only required to pay the amount payable under the instalment order.  

You will no longer be able to retain an amount to cover your expenses.

A payment to the Judgment Creditor MUST be accompanied by a statement showing:

⚖️ The amount attached under the Garnishee Order;

⚖️ How much of that amount has been retained by you for your expenses (maximum $13); and

⚖️ How much of the amount has been paid to the Judgment Creditor.

What if there is no rent payable?

If you believe that there is no rent will become payable to you by the Judgment Debtor you may serve a [Form 72] Garnishee's Statement to that effect on the Judgment Creditor.

The [Form 72] Garnishee's Statement MUST be in the approved form and set out the reasons you believe that there is no rent payable.

Lien or claim of third person

If you claim that some person, other than the Judgment Debtor, is or may be entitled to any money paid under the Garnishee Order, any rent attached by the garnishee order or any charge, lien or other interest in any such money, rent, you may apply to the Court to determine your claim.

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005.