Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 25B.45

Response to Third Party Debt Notice

             (1)  A third party debtor who has been served with a Third Party Debt Notice or an order discharging, varying or suspending the Notice, may apply:

                     (a)  to dispute liability to make payments under the Notice; or

                     (b)  for procedural orders.

Note:          An application under subrule (1) must be in an application in a case and filed with an affidavit (see rules 4.05 and 4.08).

             (2)  The Court may hear an application under subrule (1) in chambers, in the absence of the parties, on the documents filed.

             (3)  The Court may:

                     (a)  order that any money that has been paid to the payee in error:

                              (i)  be paid into and held in Court; or

                             (ii)  be returned to the third party debtor; or

                            (iii)  be sent to the payer; and

                     (b)  if the third party debtor has not paid the amount specified in the Notice or order mentioned in subrule (1)--order the third party debtor to pay all or part of what was required under the Notice or order.

Note:          Rule 25B.13 sets out the orders that the Court may make on an application under this Subdivision.



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