WA Family Law Court - Divorce Settlement and Debt Appropriation Order?

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Mark Ramsden

Active Member
15 July 2014
7
0
31
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 through The Family Law Court. 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.

The defendant through The Family Law Court 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.

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

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

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

The defendant's ex-husband the 3rd party contacted me explaining he still owed the defendant $5,000. He is willing to pay my outstanding debt being part of what he owes the defendant through The Family Law Court mediation agreement mentioned in point 1.

My question is, can I apply for money I am owed, the order from The Magistrates Court Of West Australian in the Family Law Court through a debt appropriation order? This money is part of the divorce settlement agreement between the 3rd party, the defendants ex-husband and the defendant through The Family Law Court.
 

Mark Ramsden

Active Member
15 July 2014
7
0
31
Civil Judgments Enforcement Act 2004
58. Money in court due to a judgment debtor, appropriation of

(1) In order to recover a judgment debt, a judgment creditor may apply to any court in which there is money standing to the credit of the judgment debtor for an order that the money, or so much of it as is sufficient to satisfy the judgment debt, be paid to the judgment creditor.

(2) The court may make such an order.

(3) On the making of an application under subsection (1), the money in court must not be paid to the judgment debtor until the application is finally determined.