Terms of Reference
Participants in Reference

CHAPTER 1. THE COMMUNITY LAW REFORM PROGRAM AND THIS REFERENCE
I. Introduction
II. The Garnishment Process
III. Background to the Reference
IV. This Reference and the Enforcement of Judgment Debts in General
V. Outline of this Report
VI. Other Financial Institutions
VII. Consultations
VIII. Parliamentary Counsel
Footnotes

CHAPTER 2. THE PRESENT LAW OF GARNISHMENT IN NEW SOUTH WALES
I. Introduction
II. The Procedure Relating to Garnishee Orders
III. The Substantive Law of Garnishment

A. Attachable Debts
B. Attachment of Bank Accounts

A. Common Law
1. Withdrawable Share Accounts
2. Deposit Accounts
B. Bank Account Provisions

CHAPTER 3. REFORM IN OTHER JURISDICTIONS
I. Introduction
II. Recent Reform in the United Kingdom
III. Family Law Rules
Footnotes

CHAPTER 4. THE PRESENT BANK ACCOUNT PROVISIONS
I. Introduction
II. Recommendations for Reform of the Bank Account Provisions

A. Scope of Subsection (1)
B. Meaning of the Term "Bank”
C. Withdrawal Subject to a Notice Condition
D. Changes Resulting from Automation

CHAPTER 5. PRINCIPAL RECOMMENDATIONS FOR REFORM
I. Introduction
II. Building Societies

A. Co-operative Housing Societies
B. Starr-Bowkett Building Societies
C. Permanent Building Societies

A. Repayment Rules
B. Section 6 of the Credit Union Act, 1969
C. Security Arrangements

CHAPTER 6. CONSEQUENTIAL RECOMMENDATIONS FOR REFORM
I. Introduction
II. Consequential Recommendations

A. Special Conditions
1. Non-Withdrawal Period
2. Minimum Withdrawal Minimum Balance Conditions
B. Protection Provisions
1. Unavoidable Withdrawal After Attachment
2. Passbooks
C. Membership
D. Statutory Charge Provisions
E. Debts Accruing Due
F. Inoperative Garnishee Orders
G. Duty of Confidence
H. Costs
1. General Costs Provision
2. Costs in Proceedings
3. Notice Procedure
4. Affidavit Procedure

CHAPTER 7. INCIDENTAL MATTERS
I. Introduction
II. Anomalies in the Garnishment Provisions

A. Protection Provision
B. Content of a Garnishment Notice/Garnishee Order
C. The Effect of a Garnishment Notice/Garnishee Order
1. The Debts Attached
2. The Extent of Attachment
3. The Amount to be Paid
D. Disputed Garnishee Orders
E. Local Courts’ Limited Jurisdiction

A. Does Section 27 Apply to Shares in Building Societies and Credit Unions?
B. Should a Charging Order be the Sole Remedy in respect of Withdrawable Share or an Alternative Remedy to Garnishment?
C. Should Section 27 be Amended so that Deposits in Banks Stand on the Same Footing as Deposits in Building Societies and Credit Unions?
D. Should Section 27 and its Ancillary Provisions be Otherwise Amended?

List of Recommendations

Appendix A

Appendix B