Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2013

Enforcement—stay

    (1)     On application by the enforcement debtor or other person liable to comply with an enforceable money order or non-money order of the court or by someone else affected by the order, the court may—

        (a)     by order, stay the enforcement of all or part of the order, including because of facts arising or discovered after the order was made; and

        (b)     make the orders it considers appropriate, including, for a money order, an instalment order.

Note 1     Rule 2150 (Instalment order—making) provides for the making of instalment orders.

Note 2     See also r 2208 (Seizure and sale order—application for instalment order stays sale of seized property).

Note 3     Pt 6.2 (Applications in proceedings) applies to an application under this rule.

    (2)     The application may be made whether or not an enforcement order has already been made for the enforceable money order or non-money order.

    (3)     The application must be accompanied by an affidavit in support of the application.

    (4)     Unless the court otherwise orders, the filing of the application does not stay the operation of the order.



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