Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This rule applies if, in relation to 2 or more money orders of the same court, the enforcement creditor and the enforcement debtor under 1 or more of the orders are the enforcement debtor and enforcement creditor, respectively, under the other orders.
Note Enforceable money order , enforcement creditor and enforcement debtor are defined in r 2000 (Definitions—pt 2.18).
(2) The enforcement debtor under an enforceable money order made in a proceeding (the first order ) may apply to the court for an order in the proceeding that the first order be set off against another enforceable money order of the same court (the second order ) in which the enforcement debtor is the enforcement creditor.
Note Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
(3) If the court makes an order under this rule—
(a) if the amount of the first order is less than the amount of the second order—the first order is taken to have been satisfied and the amount of the second order is taken to have been reduced by the amount of the first order; or
(b) if the amount of the first order is equal to the amount of the second order—both orders are taken to have been satisfied; or
(c) if the amount of the first order is greater than the amount of the second order—the second order is taken to have been satisfied and the amount of the first order is taken to have been reduced by the amount of the second order.