Commonwealth Consolidated Regulations

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Employment information

             (1)  The court may order a party to advise the court, in writing, within a specified time, of:

                     (a)  the name and address of the party's employer or, if the party has more than one employer, each of those employers; and

                     (b)  other information the court considers necessary to enable an employer to identify the party.

             (2)  Subrule (3) applies if:

                     (a)  a party (the requesting party ) requests the employer of another party (the employee ) to give particulars about:

                              (i)  the employer's indebtedness to the employee;

                             (ii)  the employee's present rate of earnings, or of all the earnings of the employee that became payable during a specified period; or

                            (iii)  the employee's conditions of employment; and

                     (b)  the employer refuses, or fails to respond to, the requesting party's request.

             (3)  The requesting party may apply for an order that the employer advise the court, in writing, within a specified time, of the particulars mentioned in paragraph (2)(a).

Note:          A document purporting to be a statement within the meaning of subrule (1) or (2) may be admitted as evidence of its contents (see section 48 of the Evidence Act 1995 ). However, subject to sections 4 and 5 of the Evidence Act 1995 , that Act does not apply to the Family Court of Western Australia or any other court of a State.



Summary of Chapter 14

Chapter 14 sets out the procedure to be taken in property cases to obtain orders for inspection, detention, possession, valuation, insurance, preservation of property and with respect to a superannuation interest.

An application made under this Chapter must be in an Initiating Application (Family Law) seeking interim, procedural, ancillary or incidental orders, or an Application in a Case (see Chapter 5 for the procedure).

The rules in Chapter 1 relating to the court's general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

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