Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for Garnishee Order enforcement in NSW. This guide outlines the steps to seize funds directly from a debtor's bank account or employer under Part 8 of the Civil Procedure Act 2005 (NSW). Additional forms are accessible via the NSW Government Services.
Jurisdiction: Local Court of New South Wales, Australia. Verify current guidelines on the official .
Governing Legislation: Civil Procedure Act 2005 (NSW), Part 8 (Garnishee Orders). UCPR 2005 (NSW) enforcement rules.
Key Forms: Form 69 (Notice of Motion for Garnishee Order), Form 70 (Garnishee Order for wages/salary or debt), Form 71 (Garnishee Order for wages variant), Form 40 (Supporting Affidavit - must be sworn within 14 days of filing), Form 41 (Affidavit of Service). Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Protected Earnings: Employer must ensure debtor retains at least $626.10/week (as at 1 April 2026, adjusted biannually in April and October). Employer admin fee: up to $13.00 per payment (does not reduce judgment debt). Bank garnishee: similar protected minimum balance applies. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Non-compliance: If the garnishee (bank/employer) fails to comply, creditor can seek order under s 124 CPA 2005 for the garnishee to pay the debt personally. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Alternative: Examination Order - Form 51 (Examination Notice for individuals, 28-day response) or Form 52 (corporations). If debtor fails to respond, Form 53/54 (Examination Order compelling attendance). Penalty for non-attendance: arrest warrant. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Process at a Glance: (1) Identify debtor banking/employment details (via examination notice if unknown). (2) Draft Form 69 Notice of Motion and Form 70 Garnishee Order. (3) File via NSW Online Registry ($109 NOM fee). (4) Serve sealed order on garnishee (bank head office or employer registered office). (5) Monitor funds transfer. (6) Debtor may apply to vary or suspend for hardship. Additional forms are accessible via the NSW Government Services.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Debt Recovery (Applicant) - Enforcement via Garnishee Order matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for COMMERCIAL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Identify debtor banking or employment details for garnishee targeting.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Draft the UCPR garnishee application forms.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
File documents at Local Court for sealing.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Protected weekly earnings: $626.10 (as at 1 April 2026, adjusted biannually in April and October). Employer must ensure debtor retains at least this amount.
Employer admin fee: up to $13.00 per payment (does not reduce judgment debt).
If garnishee (bank/employer) fails to comply, creditor can seek order under s 124 CPA 2005 for the garnishee to pay the debt personally.