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See UCPR 39.40 for more information.
(cf Act No 9 1973, section 97A; Act No 11 1970, section 47A)
(1) A garnishee who believes that--
(a) no debt from the garnishee to the judgment debtor was due or accruing when the garnishee order was served on the garnishee, or
(b) no wage or salary will become payable by the garnishee to the judgment debtor during the period for which the order will be in force,
may serve on the judgment creditor a statement to that effect, verified by affidavit, being a statement that contains a summary of the grounds on which the garnishee's belief is based.
(2) A disclosure of any information in an affidavit under subrule (1) does not, if the disclosure was reasonable in the circumstances, subject the garnishee to any action, liability, claim or demand.
You MUST use this [Form 72] if a Garnishee Order is served on you and you believe that there is no debt payable to the Judgment Debtor at the time of service of the order or that there are no wages or salaries that will become payable to the Judgment Debtor.
You MUST include information about the grounds on which you believe that there is no debt, wage or salary due or accruing.
This information MUST be verified by Affidavit.
You MUST serve this statement on the Judgment Creditor.
A Garnishee Order is an order that directs a person who owes a debt or holds money payable to the Judgment Debtor to pay that money to you in satisfaction of the judgment debt.
This person is referred to as the Garnishee.
A Garnishee Order may be directed to an employer, a bank manager or any other person who holds money payable to the Judgment Debtor.
✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;
✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;
Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.
This [Form 72] includes an Affidavit in Support.
Each section of the included Affidavit in Support MUST be completed and the Affidavit signed stating that the information completed is true.
The Affidavit should be made by the person or persons who have knowledge of the facts that are included in the Affidavit and include reference to the source of the person’s knowledge and belief, if appropriate.
For detailed instructions regarding properly making the Affidavit please refer to this FAQ.
The Statement including a Supporting Affidavit you are filing with the NSW Courts will determine requires this specific UCPR form to be filed, and may require other documents to be filed in support.
In short, due to the complexities involved in determining which forms to use, together with the crucial importance of getting the details correct and supporting documentation right:
➲ We recommend you contact our legal team to obtain legal advice and guidance regarding which:
⚖️ Forms are required; and which
⚖️ NSW Courts Practice Note (if any) applies; and accordingly which
⚖️ Documents MUST or may be filed in support.
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You (the deponent) make an Affidavit by swearing or affirming that the Affidavit’s contents are true before a witness who must be one of the following:
• A Justice of the peace (“JP”)
• A Solicitor
• A Barrister
• A Commissioner for affidavits
• A Notary public.
You MUST:
• Sign in the presence of the witness
• Sgn the foot of each page (excluding annexures)
• Initial any alterations, additions or erasures.
You or the witness MUST:
• Write or type the date in the title at the top of the front page of the Affidavit and in the introductory paragraph of the Affidavit
• Delete the word ‘Affirmed’, if you have taken an oath OR delete the word ‘Sworn’, if you have made an affirmation.
Following this, the witness MUST sign:
• underneath the words ‘Sworn (or Affirmed) at [place]’
• at the foot of each page of the Affidavit (although there is no need for the witness or deponent to sign the first page if it is only the title page of the Affidavit, containing none of the substance)
• the certificate endorsed on any annexure
• the certificate attached to any exhibit.
The witness must initial any alterations, additions or erasures (see UCPR 35.5).
The Affidavit MUST include:
• the witnesses’ name and address
• the JP’s registration number, if relevant.
If the witness is a JP, the JP may provide his or her registration number as a JP in place of the JP’s address.
JPs must write their registration number on any document they sign or witness as a JP in accordance with the “Guidelines for Justices of the Peace” developed in accordance with requirements under the Justices of the Peace Act 2002 (NSW) and the Justices of the Peace Regulation 2014 (NSW) and outlined in the Justices of the Peace Handbook.
If the witness is a notary public, the notary public must apply his or her seal.
Where an Affidavit or witness statement is being taken and the deponent or the witness requires an interpreter, the interpreter must give a certification in the form contained within the forms.
See UCPR 35.6 for more information.
If you are annexing documents to an Affidavit, you must include a certificate on the annexure that contains the following information.
The certificate must not be on a separate page from the annexure.
The pages of the Affidavit and the annexures must be consecutively numbered in a single series of numbers.
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