Western Australian Consolidated Acts Western Australian Consolidated Acts1 . Financial institution accounts in name of
judgment debtor
(1) This clause does
not apply to an account that is prescribed by regulations as being exempt from
the operation of this clause.
(2) For the purpose of
determining whether money, in an account with a financial institution,
standing to the credit of the judgment debtor alone or jointly with another or
others is an available debt for the purposes of Part 4 Division 5,
the following conditions are to be disregarded —
(a) a
condition that a demand must be made before any money or share is withdrawn;
(b) a
condition relating to the manner in which or the place at which any such
demand is to be made;
(c) a
condition that a passbook, receipt or other document must be produced before
any money or share is withdrawn;
(d) a
condition that notice is required before any money or share is withdrawn;
(e) a
condition that any money or share must not be withdrawn for any specified
period;
(f) a
condition prescribing a minimum amount in respect of any withdrawal;
(g) a
condition that a minimum balance must be maintained in the account;
(h) a
condition relating to the account prescribed by the regulations for the
purposes of this subclause.
(3) Any charge on any
money, in an account with a financial institution, standing to the credit of a
judgment debtor alone or jointly with another or others, being a charge
created by the rules of the institution or the law under which the institution
is registered or regulated, is to be disregarded for the purposes of a debt
appropriation order.
(4) Subclause (3)
does not affect the rights of a financial institution to set off or
appropriate the whole or a part of an amount standing to the credit of a
judgment debtor alone or jointly with another or others.
(5) So much of the
money standing to the credit of the judgment debtor alone or jointly with
another or others in an account with a financial institution of which the
judgment debtor is a member as is the minimum amount that must be maintained
in the account in order that the judgment debtor retains the membership is not
an available debt.
2 . Debts owed to judgment debtor and others
jointly
(1) For the purpose of
determining a judgment debtor’s interest in an available debt that is or
will be or may be owed to the judgment debtor jointly with another or others
(the joint owners ), each joint owner is to be presumed to have an equal
interest in the debt.
(2) The presumption
that joint owners have an equal interest in an available debt may be rebutted
by the judgment creditor, the judgment debtor or another joint owner.
(3) If, on an
application by a person referred to in subclause (2), a court is
satisfied that the interests of the joint owners are not equal, the court may
by order decide the extent of the judgment debtor’s interest in the
available debt.
3 . Available debts, court may exempt certain
portions
(1) If an available
debt is money payable for the use of property owned by the judgment debtor
alone or jointly with another or others, the court by order may exempt from
payment under a debt appropriation order that applies to the debt so much of
the debt as is required by the judgment debtor to keep or maintain the
property.
(2) If an available
debt is money payable under an agreement with the judgment debtor, the court
by order may exempt from payment under a debt appropriation order that applies
to the debt so much of the debt as is required by the judgment debtor to
perform the agreement.
(3) The court may
exempt from payment under a debt appropriation order that applies to an
available debt so much of the debt as is required by the judgment debtor to
meet his or her necessary living expenses, including those of his or her
dependents.
4 . Debts payable on conditions
(1) If —
(a) the
payment of an available debt to a judgment debtor depends on the judgment
debtor fulfilling a condition;
(b) a
debt appropriation order applies to the available debt; and
(c) the
condition will unreasonably prevent or delay payment of the debt by the third
person to the judgment creditor under the order,
the court may by order
—
(d)
require the third person to disregard the condition; or
(e)
specify some other means of fulfilling the condition.
(2) An order must not
be made under subclause (1) that has the effect of requiring the third
person to make a payment to the judgment creditor before the earliest time
that the third person could have been required to make the payment to the
judgment debtor under the terms of the third person’s obligation to the
judgment debtor.
