Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) On application by the enforcement creditor or enforcement debtor, the court may make an order amending, suspending or setting aside an earnings redirection order.
Note Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
(2) The registrar must give notice of the date and time the application is to be heard to the enforcement creditor, enforcement debtor and enforcement debtor's employer.
(3) After hearing the application, the court may make 1 or more of the following orders:
(a) an instalment order;
(b) an order amending, suspending or setting aside the earnings redirection order;
(c) a debt redirection order;
(d) a regular redirection order.
(4) In considering whether to make an order mentioned in subrule (3), the court must have regard to—
(a) the order (if any) preferred by the enforcement debtor; and
(b) the likelihood of the enforcement debtor complying with an instalment order; and
(c) the property and financial circumstances of the enforcement debtor, including any other enforcement orders (however described) in force against the enforcement debtor; and
(d) any other information that the court considers is relevant and reliable.
(5) Subrule (4) does not limit—
(a) the other matters to which the court must have regard in deciding whether to make an instalment order or debt redirection order; or
Note For these matters, see—
• r 2154 (Instalment order—relevant considerations)
• r 2303 (Debt redirection order—relevant considerations).
(b) the other matters to which the court may have regard.
(6) If the court makes an order amending, suspending or setting aside the earnings redirection order under this rule—
(a) the registrar must serve a sealed copy of the order on the enforcement creditor, enforcement debtor and employer; and
(b) the order does not come into force until the end of 7 days after the day it is served on the employer.