WA Debt Appropriation Order Through Family Court?

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Mark Ramsden

Active Member
15 July 2014
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1. I lent the defendant a substantial amount of money while she lived at my property January 2016 to April 2016 which included money to attend mediation with her ex husband in March 2016. This money was lent to Defendant with the agreement she would pay me back all the money she owed me when she settled with her ex husband. This was put in writing.


2. The defendant through the Family Law Courts got a substantial pay out of over $100,000 half to be paid up front the rest to be paid in instalments from her ex-husband. This was told to me by the defendant at the time.

3. The defendant moved out without paying what she fully owed me.

4. I took the defendant to court, I was awarded the remaining money owed to myself by the West Australian court in December 2016.

5. The defendant again did not and has not paid me anything.

6. The defendants ex husband the 3rd party contacted me explaining he still owed the defendant $10,000. He is willing to pay my outstanding debt being part of what he owes the defendant.

7. On the 12th March 2017 I put an application to the court for a Debt Appropriation Order.

8. I was contacted by the registrar who was dealing with my case telling me I should seek legal advice to clarify If I can make the application for this type money owed to the defendant.

My question is, can I apply for money that was awarded to the defendant through the Family Law Court through a debt appropriation order ?
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Mark,

I cant find anything in the Civil Judgements Enforcement Act 2004 that details money awarded through the Family Court being any different from third party monies. Saying that if the Registrar said you should speak with a lawyer, its probably worth the call.
 

Mark Ramsden

Active Member
15 July 2014
7
0
31
My application was rejected, please see excerpt from the letter I received :-

The application was rejected, as the alleged debt identified in your Affidavits (dated 14 March, 2017, and 11 May, 2017), does not meet the statutory requirements of an “available debt". For your information, I refer you specifically to Section 46(2) of the Civil Judgments Enforcements Act 2004 (WA) (“Act"), which sets out that monies standing to the credit of the Debtor in a Court, is not an available debt.

The rejection seems to relate to this clause of the Civil Judgments Enforcement Act 2004 :-
(2) The following are not available debts in relation to a judgment debtor

(b) money standing to the credit of the debtor in a court; (This has to be an available debt but isn't under WA law)

Further down in the document as can be seen by clause 58 I can make a claim for the money that that court holds for the debtor :-

Clause 58 Money in court due to a judgment debtor

Appropriation of This clause provides a procedure for a judgment creditor to apply to a court where that court is holding monies to the credit of the judgment debtor and allows the court to make such an order.

Is this the correct application I should apply for if the money is held by the court ?

Thanks