Arbitration Law Monthly

Part 72 of the Civil Procedure Rules sets out the requirements for a Third Party Debt Order. This type of order, previously known as a garnishee order, empowers a judgment creditor to enforce the judgment against a judgment debtor with limited or no assets in England by intercepting a debt owed to the judgment debtor by a third party.

Part 72 of the Civil Procedure Rules sets out the requirements for a Third Party Debt Order. This type of order, previously known as a garnishee order, empowers a judgment creditor to enforce the judgment against a judgment debtor with limited or no assets in England by intercepting a debt owed to the judgment debtor by a third party.

In Broken Hill City Council v Unique Urban Built Pty Ltd [2018] NSWSC 825 Hammerschlag J was faced with an application to stay judicial proceedings in favour of arbitration under the rules of a nominated arbitration association that did not in fact exist. The question was whether the arbitration clause was “inoperative” in such circumstances.