Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 2152

    (1)     The enforcement debtor may not make an application for an instalment order without the court's leave if—

        (a)     the enforcement debtor has made an application for an instalment order in relation to the same money order in the previous 6 months; or

        (b)     a previous instalment order made in relation to the same money order ceased to have effect under rule 2162 (Instalment order—ceasing to have effect for nonpayment).

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave.

    (2)     An application for leave must be accompanied by an affidavit in support of the application.

    (3)     In deciding whether to give leave under this rule, the court must have regard to the following matters:

        (a)     any change in the enforcement debtor's property or financial circumstances since the enforcement debtor last applied to the court for an instalment order for the order debt;

        (b)     the payments made by the enforcement debtor in discharge of the order debt;

        (c)     the enforcement action (if any) taken in relation to the order debt;

        (d)     the interests and attitudes of the parties;

        (e)     whether giving leave would be consistent with the public interest in enforcing orders justly, efficiently and quickly.

    (4)     Subrule (3) does not limit the matters to which the court may have regard.