Australian Capital Territory Current Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COURT PROCEDURES RULES 2006 - REG 2302

Debt redirection order—application

    (1)     An application for a debt redirection order is made by filing in the court

        (a)     a draft of the order sought; and

        (b)     an affidavit in support of the application.

Note     See approved form 2.62 (Debt redirection order) AF2006-307

.

    (2)     The affidavit in support must state—

        (a)     the date the money order was made; and

        (b)     the date a sealed copy of the money order, and the notice in accordance with rule 2015 (2), was served on the enforcement debtor; and

        (c)     the amount of the order debt; and

        (d)     that the order debt has not been fully paid; and

        (e)     the date and amount of each payment (if any) made under the money order; and

        (f)     the costs incurred in previous enforcement proceedings in relation to the money order; and

        (g)     the interest owing on the day the affidavit is made (the affidavit date ); and

        (h)     any other details necessary to work out the amount payable under the money order on the affidavit date and how the amount is worked out; and

              (i)     the daily amount of any interest that, subject to any future payment under the money order, will accrue after the affidavit date; and

        (j)     the name of the third person; and

        (k)     the amount of the debt that appears to be owed by the third person to the enforcement debtor; and

        (l)     any other information necessary for the order being sought.

    (3)     The affidavit must be sworn not earlier than 2 days before the day the application is filed in the court.

    (4)     Part 6.2 (Applications in proceedings) does not apply to the application.

    (5)     The affidavit and draft order need not be served on anyone unless the court otherwise orders on its own initiative.

    (6)     Unless the court otherwise orders on its own initiative, an application for a debt redirection order must be dealt with without a hearing and in the absence of the parties.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback