New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 37.1A

37.1A Instalment order made pursuant to agreement between judgment creditor and judgment debtor

(cf DCR Part 31A, rule 2; LCR Part 27, rule 2)

(1) A judgment creditor and judgment debtor may enter into an agreement (an
"instalment agreement" )--

(a) specifying the amount agreed by them to be owing under the judgment debt, and

(b) specifying by what instalments, payable at what times, that amount is to be paid.

(2) An instalment agreement may be entered into whether or not an instalment order is already in force in respect of the judgment debt.

(3) An instalment agreement may be entered into on behalf of a judgment creditor or judgment debtor by his or her solicitor or barrister.

(4) An instalment agreement has no effect for the purposes of this rule unless the signature of each person executing it (other than a solicitor or barrister) is witnessed by a registrar or other officer of the court or by a solicitor or barrister.

(5) As soon as practicable after an instalment agreement is filed, the court must make an instalment order that gives effect to the agreement.