Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) On application by the enforcement creditor or enforcement debtor (a party ), the court may make an order amending, suspending or setting aside an instalment order.
Note Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
(2) A party must not make more than 1 application for an order amending an instalment order within a 6-month period unless the court gives leave.
(3) The enforcement creditor may make an application for an order amending an instalment order only if—
(a) there has been a substantial increase in the property, or a substantial improvement in the financial circumstances, of the enforcement debtor—
(i) since the order was made; or
(ii) if the order has been amended—since the order was last amended; or
(b) when the order was made, amended or last amended, material facts had been withheld from the court or material evidence before the court was false.
(4) If—
(a) the court makes an order under subrule (1) on the application of the enforcement creditor; and
(b) the enforcement debtor was not before the court when the order was made;
the enforcement creditor must serve a sealed copy of the order on the enforcement debtor.
(5) If—
(a) the court makes an order under subrule (1) on the application of the enforcement debtor; and
(b) the enforcement creditor was not before the court when the order was made;
the registrar must serve a sealed copy of the order on the enforcement debtor.
(6) Unless the court otherwise orders, an order amending or suspending an instalment order does not come into force until the end of 7 days after—
(a) the day the order is made; or
(b) if a sealed copy of the order is required to be served under subrule (4) or (5)—the day the order is served.