TAS CSA garnishee order to bank account

[zi65]

On checking my bank balance, noticed a large sum of money was take out of my savings account, the details were"Garnishee CSA".
Questions
1. should I have been notified prior to the attachment order?
2. CSA is acting on behalf of a British ex-spouse/non-resident /not Au citizen, with Adult children residing in Melbourne. I am a non-resident and not an Aust citizen. The only connection to Aust is adult children in Au Uni and a bank account. How then can Child Services Australia act when no one is an Australian resident?
( I understand reciprocal enforcement but I am still perplexed when there is no residential/citizenship link to Australia)

Thanks in advance for the reply
ZI65

 

[Atticus]

I am a non-resident and not an Aust citizen. The only connection to Aust is adult children in Au Uni and a bank account. How then can Child Services Australia act when no one is an Australian resident?

You have a bank account in your sole name in Aust?
You are OS?

In that case the CSA can issue a third party debt notice (section 72A notice) to the bank to garnish any outstanding debt ... The Registrar can serve a section 72A notice upon a person within Australia who controls money for a relevant debtor outside Australia .... 'A person' can be a bank manager.... No requirement to notify you...

All here if you want to read up on it >>>>> 5.2.9 Collection from third parties | Child Support Guide

 

[zi65]

Hi,
Yes, bank account in sole name.
OS? Does this mean overseas student??.... No, I am not an overseas student.

The section " Which debts can be recovered?"
There is no mentioned of spousal support/maintenance, any view on this omission?

I disagreed with UK family court having jurisdiction to hear my divorce case, just as my Ex disagreed with Au having jurisdiction over her when she was in Au on a guardian visa (kids in high school then). So my view and that of my foreign lawyer was that application for spousal maintenance from uk court should be heard in Malaysia. But looks like she got the better of me and manage to get CSA to enforce a uk ruling on my Aust bank account.
income not derived from Au or an Aust company abroad.... just seems strange that CSA has such overreach.

 

[Atticus]

OS? Does this mean overseas student??.... No, I am not an overseas student.

No sorry OS means over seas, meaning are you over seas? ... In that case they can issue the s72A notice on the bank holding money in your name in Aust...

There is no mentioned of spousal support/maintenance, any view on this omission?

Spousal maintenance is a register-able maintenance liability, meaning it can be registered with CSA for collection (probably via the reciprocating agreement with UK in your case)

But looks like she got the better of me and manage to get CSA to enforce a uk ruling on my Aust bank account.
income not derived from Au or an Aust company abroad.

It would appear your ex has been given some good advice & acted on it ..... Yes CSA has a lot of power to grab debt if they are provided information...

 

[Rob Legat - SBPL]

In that case the CSA can issue a third party debt notice (section 72A notice) to the bank to garnish any outstanding debt ... The Registrar can serve a section 72A notice upon a person within Australia who controls money for a relevant debtor outside Australia .... 'A person' can be a bank manager.... No requirement to notify you...

Actually, yes there is a requirement to notify the debtor under subsection 72A(5) - see the last paragraph in the CSA Guide link under the heading "Requirements of a section 72A notice".

CSA's practise in doing this is to send out a copy of the notice to you after they've already served and received the garnishee - so that you don't rip the money out before they get to it. The bank will be under instructions not to tell you about it. The copy of the notice will be sent to your last known address.

 

[Atticus]

Actually, yes there is a requirement to notify the debtor under subsection 72A(5) - see the last paragraph in the CSA Guide link under the heading "Requirements of a section 72A notice".

CSA's practise in doing this is to send out a copy of the notice to you after they've already served and received the garnishee

True .... I was responding specifically to @zi65 qusetion, ie, >>>> should I have been notified prior to the attachment order?

 

[zi65]

The replies and links have been truly appreciated and useful... Thank you!
Guess my option is to close the Aust account and force the conversation to another country.

Last question (possibly), the amount due was AUS 5,232/monthly the amount taken was AUD15,000. Any way to work they how they calculated this?
Is the Order still in force or would you say just this once?

 

[Atticus]

Guess my option is to close the Aust account and force the conversation to another country.

Probably your safest option, or at least have the account made joint or named as some other entity, business for eg. .... I believe a S72A notice will remain valid until either any debt is paid in full, or the notice is withdrawn in writing...

the amount due was AUS 5,232/monthly the amount taken was AUD15,000. Any way to work they how they calculated this?

Don't know... You have every right to ask them how they arrived at that figure though if you think it's incorrect or can't make sense of it

 

[zi65]

For CSA to act, irrespective of section 72A surely the proof of residency must be achieved. In my case both ex and I are not resident, currently residing or have PR in Au.

 

[Atticus]

or CSA to act, irrespective of section 72A surely the proof of residency must be achieved

Not sure .... but I believe there is a geographical requirement regarding undertaking a child support assessment, but that same geo requirement may not exist for registering a maintenance liability & collection, in your case probably via reciprocal co-operation ..... s72A is contained within the CS Registration & collection act, not the CS assessment act .... But again, you have a right to know that what has been done is legal/lawful..