Australian Capital Territory Numbered Regulations

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COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 2313

Debt redirection order—payment to enforcement debtor despite redirection

(MC(CJ)R s 338; Qld r 843)

    (1)     This rule applies if, after redirection of a debt in the hands of the third person

    (a)     the third person acts with reasonable diligence to give effect to the redirection; and

    (b)     although the third person acts with reasonable diligence, the third person deals with the redirected debt in a way that satisfies, as between the third person and the enforcement debtor, all or part of the redirected debt, including, for example, by payment to the enforcement debtor.

Note     An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     On application by the third person or other interested person, the court may order that, for this division, the redirected debt be reduced to the extent of its satisfaction.

Note     Pt 6.2 (Applications in proceedings) applies to an application under this rule.



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