Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 71.03

Bank account

    (1)     An amount standing to the credit of a judgment debtor in an account in a bank or a co-operative shall, for the purpose of this Order, be a debt due or accruing to the judgment debtor, notwithstanding that any of the following conditions applicable to the account has not been satisfied—

        (a)     that a demand or notice is required before money is withdrawn;

        (b)     that a personal application must be made before money is withdrawn;

        (c)     that a deposit book must be produced before money is withdrawn;

        (d)     that a receipt for money deposited in the account must be produced before money is withdrawn.

Note

bank is defined in Rule 1.13(1).

    (2)     Paragraph (1) applies, with any necessary modification, to an amount which is placed to the credit of a judgment debtor in an account in a bank or a co-operative between the day an order for the filing and service of a garnishee summons is made and the day for hearing named in the summons.



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