Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 61.02

Application under section 6 or 8

    (1)     An application to an Associate Judge or a judicial registrar under section 6 of the Act for—

        (a)     an order that a judgment debt be paid by instalments shall be in Form 61A;

        (b)     an order in substitution for an order made under section 5 of the Act shall be in Form 61B.

    (2)     An application to the Court under section 8 of the Act for the variation or cancellation of an order that a judgment debt be paid by instalments shall be in Form 61C.

    (3)     Where an application is made under section 6 or section 8 of the Act by a judgment debtor, the judgment debtor shall—

        (a)     where the judgment debtor is—

              (i)     a natural person, file an affidavit of the judgment debtor's financial situation which gives the information required by Form 72C;

              (ii)     a corporation, file an affidavit of its financial situation; and

        (b)     serve a copy of the affidavit on the judgment creditor at the time of service of the application.

    (3.1)     Where an application is made under section 6 of the Act by a judgment creditor, the judgment creditor shall—

        (a)     file an affidavit stating the facts on which the application is based; and

        (b)     serve a copy of the affidavit on the judgment debtor.

    (4)     A copy of the affidavit in support of an application made under section 8 of the Act by a judgment creditor shall be served on the judgment debtor at the time of service of a copy of the application.

    (5)     An order under section 6 or section 8 of the Act shall be in Form 61D.

    (6)     A notice by an Associate Judge or a judicial registrar under section 6(4) of the Act shall be in Form 61E.

    (7)     A notice of objection by a judgment creditor or judgment debtor under section 6(5) of the Act—

        (a)     shall be in Form 61F; and

        (b)     shall be filed within 14 days after the judgment creditor or judgment debtor receives notice from an Associate Judge or a judicial registrar under section 6(4) of the Act.

    (8)     Where a notice of objection under section 6(5) of the Act is filed, an Associate Judge or a judicial registrar shall set the matter down for hearing before a Judge of the Court.

    (9)     A notice by an Associate Judge or a judicial registrar under section 6(6) of the Act shall be in Form 61G.

    (10)     A notice by the Court under section 6(7) of the Act shall be in Form 61H.



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