Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 2154

    (1)     In deciding whether to make an instalment order on application by the enforcement creditor or enforcement debtor, the court must have regard to the following matters, as far as they are known to the court:

        (a)     whether the enforcement debtor is employed;

        (b)     the enforcement debtor's means of satisfying the order debt;

        (c)     whether the order debt, including any interest, will be satisfied within a reasonable time;

        (d)     the necessary living expenses of the enforcement debtor and the enforcement debtor's dependants;

        (e)     other liabilities of the enforcement debtor;

        (f)     if the applicant is the enforcement debtor—whether, having regard to the availability of other enforcement means, making the order would be consistent with the public interest in enforcing orders justly, efficiently and quickly.

    (2)     Subrule (1) does not limit the matters to which the court may have regard.

    (3)     In deciding the amount and timing of the instalments, the court must be satisfied that the instalment order will not impose unreasonable hardship on the enforcement debtor or any dependant of the enforcement debtor.

    (4)     However, an enforcement hearing is not necessary before the court makes the instalment order.