{"id":"judgment-debt-recovery-act-1984","name":"Judgment Debt Recovery Act 1984","slug":"judgment-debt-recovery-act-1984","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173290,"registerId":"vic-judgment-debt-recovery-act-1984-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Judgment Debt Recovery Act 1984","content":"Version No. 026\n\n**Judgment Debt Recovery Act 1984**\n\n**No. 10063 of 1984**\n\nVersion incorporating amendments as at  \n29 March 2022\n\n**table of provisions**\n\n*Section Page*\n\nPart I—Preliminary 1\n\n1 Short title 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Application 3\n\nPart II—Instalment orders 4\n\n5 Initial instalment order 4\n\n6 Judgment creditor or debtor may apply for instalment order 4\n\n7 Instalment agreements 6\n\n8 Judgment creditor or debtor may apply for variation or cancellation of instalment order 7\n\n9 Instalment order to stay enforcement of judgment 8\n\n10 Making of further instalment orders 8\n\n11 Agreement outside this Act for payment of judgment debt 8\n\n12 No instalment order if judgment debtor is pensioner etc. 9\n\nPart III—Examinations 10\n\n13 Oral examination 10\n\n14 Procedure for oral examinations 10\n\n15 Conduct of oral examinations 11\n\n16 Production of documents 12\n\nPart IV—Enforcement of instalment orders 13\n\n17 Default in payment of instalments 13\n\n18 Instalment order may be confirmed, varied or cancelled 14\n\n19 Persistent wilful default 14\n\nPart V—General 16\n\n20 Costs 16\n\n21 Notices 16\n\nPart VI—Amendments and transitional provisions 17\n\n24 Proceedings under the Imprisonment of Fraudulent Debtors Act 1958 17\n\n25 Orders under the Imprisonment of Fraudulent Debtors Act 1958 18\n\n26 Appeals under the Imprisonment of Fraudulent Debtors Act 1958 19\n\nEndnotes 21\n\n1 General information 21\n\n2 Table of Amendments 23\n\n3 Explanatory details 25\n\n**Version No.** **026**\n\n**Judgment Debt Recovery Act 1984**\n\n**No. 10063 of 1984**\n\nVersion incorporating amendments as at  \n29 March 2022\n\nAn Act to provide for the recovery of judgment debts by instalments, to amend the **Imprisonment of Fraudulent Debtors Act 1958**, the **Supreme Court Act 1958** and the **Magistrates (Summary Proceedings) Act 1975**, and for other purposes.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\nPart I—Preliminary\n\n\t1 Short title\n\nThis Act may be cited as the **Judgment Debt Recovery Act 1984**.\n\n\t2 Commencement\n\nThis Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\n\t3 Definitions\n\nIn this Act, unless inconsistent with the context or subject-matter—\n\n***action*** means a civil suit action or proceeding;\n\nS. 3 def. of *court* amended by No. 57/1989 s. 3(Sch. item 105.1(a)).\n\n***court*** means the Supreme Court, County Court or Magistrates' Court;\n\n***instalment order*** means an order made under this Act that a judgment debt be paid by instalments and where such an order has been varied under this Act means the order as so varied;\n\n***judgment*** means a judgment or order for the recovery or payment of money made or given by a court in an action;\n\n***judgment creditor*** means the person entitled to enforce or obtain execution of a judgment;\n\n***judgment debt*** means the amount of money recoverable or payable under and in respect of a judgment;\n\n***judgment debtor*** means the person liable under a judgment;\n\nS. 3 def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 89.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***prescribed*** means prescribed by the rules of the relevant court;\n\nS. 3 def. of *proper officer of the court* amended by Nos 19/1989 s. 16(Sch. item 30), 57/1989  \ns. 3(Sch. item 105.1(b)).\n\n**[[1]](#endnote-2)*proper officer of the court*** means—\n\n(a) in relation to the Supreme Court, such officer or officers of the Supreme Court as is or are prescribed in relation to the provisions of this Act in question of the Supreme Court;\n\n(b) in relation to the County Court, the registrar or a deputy registrar of the County Court; and\n\n(c) in relation to the Magistrates' Court, the principal registrar, a registrar or a deputy registrar of the Magistrates' Court.\n\n\t4 Application\n\nThis Act applies to and in relation to any judgment made or given before or after the commencement of this Act.\n\nPart II—Instalment orders\n\n\t5 Initial instalment order\n\n(1) A court, in giving judgment, may of its motion or on the application of a party order that the judgment debt be paid by instalments.\n\n(2) An order under subsection (1) shall specify the amount of each instalment payable and the times at which instalments shall be paid.\n\n\t6 Judgment creditor or debtor may apply for instalment order\n\n(1) A judgment creditor or judgment debtor may at any time after judgment is given apply to the proper officer of the court—\n\n(a) where an instalment order has not been made under section 5, for an order that the judgment debt or the balance of the judgment debt then owing to the judgment creditor be paid by instalments; or\n\n(b) where an instalment order has been made under section 5, for another instalment order in substitution for the order under section 5.\n\n(2) An application under subsection (1) shall—\n\n(a) be in or to the effect of the prescribed form;\n\n(b) specify the amount of the judgment debt then owing to the judgment creditor; and\n\n(c) specify the amount of each instalment proposed to be paid and the times at which instalments are proposed to be paid.\n\n(3) Subject to and in accordance with the rules, the proper officer of the court may without notice to the judgment creditor or judgment debtor and whether or not the judgment creditor or judgment debtor is before the proper officer—\n\n(a) order that the judgment debt or the balance of the judgment debt then owing to the judgment creditor be paid by the instalments and at the times specified in the application; or\n\n(b) refuse to make such an order.\n\n(4) The proper officer of the court shall cause the judgment debtor and judgment creditor to be notified of an order or refusal to make an order under subsection (3).\n\n(5) A judgment creditor or judgment debtor may within the prescribed period after receiving notice under subsection (4) file with the proper officer of the court notice of objection and the proper officer shall set the matter down for hearing by the court.\n\n(6) The proper officer of the court shall cause the judgment debtor and judgment creditor to be notified of the time and place of the hearing.\n\n(7) The court may—\n\n(a) where the proper officer has refused to make an order under subsection (3)—\n\n(i) order that the judgment debt or the balance of the judgment debt then owing to the judgment creditor be paid by the instalments and at the times specified in the order; or\n\n(ii) refuse to make such an order; or\n\n(b) where notice of objection to the order under subsection (3)(a) has been filed under subsection (5), confirm vary or cancel the order of the proper officer of the court—\n\nand shall cause the judgment creditor and the judgment debtor to be notified accordingly.\n\n(8) Where an application under subsection (1) is made—\n\n(a) the applicant shall serve a copy of the application on the judgment creditor or judgment debtor (as the case may be); and\n\n(b) from the time of service the application shall operate as a stay of enforcement or execution of the judgment in respect of which the application is made until the proper officer of the court or the court (as the case requires) deals with the matter.\n\n(9) Where a judgment debtor has applied under this section for an instalment order and the proper officer of the court or the court (as the case may be) has refused to make the instalment order, the judgment debtor may not make another application under this section within three months after that refusal.\n\n\t7 Instalment agreements\n\n(1) A judgment debtor or a judgment creditor may at any time after judgment is given file with the proper officer of the court an instalment agreement entered into by the judgment debtor and the judgment creditor.\n\n(2) An instalment agreement shall—\n\n(a) be in or to the effect of the prescribed form;\n\n(b) be executed in the prescribed manner;\n\n(c) specify the amount of the judgment debt then owing to the judgment creditor;\n\n(d) specify the amount of each instalment proposed to be paid and the times at which the instalments are proposed to be paid in satisfaction of the amount of the judgment debt so specified; and\n\n(e) contain an undertaking by the judgment debtor to pay the judgment creditor the amount of the judgment debt so specified by the instalments and at the times so specified.\n\n(3) The proper officer of the court upon receiving an instalment agreement shall order that the judgment debt or the balance of the judgment debt then owing to the judgment creditor be paid by the instalments and at the times specified in the agreement.\n\n(4) The proper officer of the court shall cause the judgment debtor and judgment creditor to be notified of an order under subsection (3).\n\n\t8 Judgment creditor or debtor may apply for variation or cancellation of instalment order\n\n(1) A judgment creditor or judgment debtor may apply to the court for the variation or cancellation of an instalment order.\n\n(2) An application under subsection (1) may be made by a judgment creditor on either or both of the following grounds only:\n\n(a) That there has been a substantial increase in the property or means of the judgment debtor; or\n\n(b) That any information given in support of the application for the instalment order or in the instalment agreement under section 7 (as the case may be) was inaccurate.\n\n(3) An applicant under subsection (1) shall serve a copy of the application on the judgment creditor or judgment debtor (as the case may be).\n\n(4) An application by a judgment creditor shall be supported by an affidavit as to the ground or grounds of the application.\n\n(5) The court may—\n\n(a) if it is satisfied as to the truth of the grounds of an application under subsection (1), vary or cancel the instalment order; or\n\n(b) confirm the instalment order and dismiss the application.\n\n\t9 Instalment order to stay enforcement of judgment\n\nWhile an instalment order is in force and is being complied with, the instalment order shall operate as a stay of enforcement or execution of the judgment in respect of which the instalment order was made.\n\n\t10 Making of further instalment orders\n\n(1) An instalment order may be made in respect of a judgment notwithstanding that an instalment order is already in force in respect of that judgment.\n\n(2) A subsequent instalment order supersedes a former instalment order.\n\n\t11 Agreement outside this Act for payment of judgment debt\n\n(1) Nothing in this Act shall while there is no instalment order in force in respect of a judgment be taken to prevent the judgment creditor and judgment debtor entering into an agreement for the payment of the judgment debt.\n\n(2) Notwithstanding that a judgment creditor and judgment debtor have entered into an agreement for the payment of a judgment debt an instalment order may be made under this Act.\n\n\t12 No instalment order if judgment debtor is pensioner etc.\n\nS. 12(1) amended by Nos 16/1987 s. 4(3)(Sch. 1 item 12), 48/2006 s. 42(Sch. item 19).\n\n(1) An instalment order shall not without the consent of the judgment debtor be made if the income of the judgment debtor is derived solely from a pension benefit allowance or other regular payment under the Commonwealth Social Security Act 1947 or section 24 of the **Children, Youth and Families Act 2005**.\n\n(2) In subsection (1) ***the Commonwealth Social Security Act 1947*** means the Commonwealth Act known as the Social Security Act 1947 as amended and in force for the time being and, if the provisions of that Act are re-enacted, means those provisions as re-enacted and as subsequently amended and in force for the time being.\n\nPart III—Examinations\n\n\t13 Oral examination\n\n(1) Subject to subsection (2), an instalment order shall not be made, confirmed, varied or cancelled by a court unless the court after the application for the making or variation or cancellation of the instalment order is made—\n\n(a) has orally examined the judgment debtor; or\n\n(b) is otherwise satisfied that in the circumstances an instalment order should be made, confirmed, varied or cancelled.\n\n(2) This Part does not apply to or in relation to the making of an instalment order under section 6(3) or 7.\n\n\t14 Procedure for oral examinations\n\n(1) Where the court is not satisfied as provided in section 13(1)(b) and the judgment debtor is not before the court, the court shall cause to be issued a summons requiring the judgment debtor to attend for an oral examination at the time and place specified in the summons.\n\n(2) If the judgment debtor fails to attend as required by a summons under subsection (1), the court or the proper officer of the court may cause to be issued a warrant for the apprehension of the judgment debtor.\n\n(3) A warrant under subsection (2) shall—\n\nS. 14(3)(a) amended by No. 37/2014 s. 10(Sch. item 89.2).\n\n(a) be addressed to a police officer; and\n\n(b) specify a time and place for the oral examination.\n\nS. 14(4) amended by No. 37/2014 s. 10(Sch. item 89.2).\n\n(4) A police officer who pursuant to a warrant under subsection (2) apprehends a judgment debtor may release the judgment debtor upon the judgment debtor's undertaking to attend for an oral examination at the time and place specified in the warrant.\n\nS. 14(5) amended by No. 6/2018 s. 68(Sch. 2 item 72).\n\n(5) A judgment debtor may be examined on oath or by affirmation by the court.\n\n(6) The proper officer of the court shall cause the judgment creditor to be notified of the time and place of the oral examination under the summons and the warrant (if any).\n\nS. 14(7) amended by No. 74/2000 s. 3(Sch. 1 item 64).\n\n(7) Notwithstanding any Act or any regulation or rule made pursuant to any Act or any rule of law to the contrary, no fine shall be imposed upon a judgment debtor for failing to attend for an oral examination as required by a summons under subsection (1).\n\n(8) Notwithstanding any Act or any regulation or rule made pursuant to any Act or any rule of law to the contrary, it shall not be necessary for a judgment debtor to be served with the judgment or a copy thereof before a summons is issued under subsection (1), but if the judgment debtor has not previously been served with the judgment or a copy thereof the judgment or a copy thereof shall be served together with the summons.\n\n\t15 Conduct of oral examinations\n\n(1) The court shall examine a judgment debtor as to the following matters—\n\n(a) the amount and source of the income of the judgment debtor;\n\n(b) the property and assets of the judgment debtor;\n\n(c) the cash that is readily available to the judgment debtor or can be made so available;\n\n(d) the debts liabilities and other financial obligations of the judgment debtor; and\n\n(e) any prescribed matter—\n\nand may examine a judgment debtor as to any other matter related to the financial circumstances generally of the judgment debtor and the judgment debtor's means and ability to satisfy the judgment debt.\n\n(2) A judgment creditor or the legal representative of a judgment creditor may by leave of the court put questions to the judgment debtor as to any of the matters referred to in subsection (1).\n\n(3) The court may if it considers any question proposed to be put to the judgment debtor to be oppressive or unfair in the circumstances forbid that question.\n\n\t16 Production of documents\n\nA summons under section 14 or 17 may require a judgment debtor to produce any documents relevant to the oral examination.\n\nPart IV—Enforcement of instalment orders\n\n\t17 Default in payment of instalments\n\n(1) Where a judgment debtor defaults in the payment of any instalment under an instalment order, the proper officer of the court may upon the application of the judgment creditor cause to be issued a summons requiring the judgment debtor to attend before the court at the time and place specified in the summons.\n\n(2) If a judgment debtor fails to attend as required by a summons under subsection (1), the court or the proper officer of the court may cause to be issued a warrant for the apprehension of the judgment debtor.\n\n(3) A warrant under subsection (2) shall—\n\nS. 17(3)(a) amended by No. 37/2014 s. 10(Sch. item 89.2).\n\n(a) be addressed to a police officer; and\n\n(b) specify a time and place at which the judgment debtor shall attend before the court.\n\nS. 17(4) amended by No. 37/2014 s. 10(Sch. item 89.2).\n\n(4) A police officer who pursuant to a warrant under subsection (2) apprehends a judgment debtor may release the judgment debtor upon the judgment debtor's undertaking to appear before the court at the time and place specified in the warrant.\n\n(5) The proper officer of the court shall cause the judgment creditor to be notified of the time and place under the summons and warrant (if any).\n\n(6) Notwithstanding any Act or any regulation or rule made pursuant to any Act or any rule of law to the contrary, no fine shall be imposed upon a judgment debtor for failing to attend before a court as required by a summons under subsection (1).\n\n\t18 Instalment order may be confirmed, varied or cancelled\n\n(1) The court shall upon a judgment debtor attending before it pursuant to section 17—\n\n(a) examine the judgment debtor in accordance with section 15; and\n\n(b) consider the circumstances of the default.\n\n(2) The court may confirm vary or cancel the instalment order and shall cause the judgment creditor and judgment debtor to be notified accordingly.\n\n\t19 Persistent wilful default\n\n(1) A judgment debtor who has the means to pay the instalments under an instalment order and persistently and wilfully and without an honest and reasonable excuse defaults in the payment of the instalments under an instalment order shall be liable to be imprisoned by order of the court for not more than 40 days.\n\n(2) An order for the imprisonment of a judgment debtor shall not be made unless the judgment debtor is before the court.\n\n(3) Where an order for imprisonment is made and the judgment debtor pays the instalments of which default was made the judgment debtor shall be discharged out of custody upon a certificate of that payment signed by the proper officer of the court.\n\n(4) A judgment debtor who is aggrieved by an order for imprisonment may appeal against that order—\n\nS. 19(4)(a) amended by No. 57/1989 s. 3(Sch. item 105.2).\n\n(a) where that order was made by the Magistrates' Court, to the County Court; or\n\nS. 19(4)(ab) inserted by No. 3/2016 s. 95, amended by No. 1/2022 s. 97.\n\n(ab) where that order was made by the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal; or\n\nS. 19(4)(b) amended by Nos 110/1986 s. 140(2)(Sch.), 109/1994 s. 34(8), 62/2014 s. 16.\n\n(b) [[2]](#endnote-3)where that order was made by the County Court or the Supreme Court, to the Court of Appeal with leave of the Court of Appeal.\n\nPart V—General\n\n\t20 Costs\n\nThe court or the proper officer of the court (as the case may be) may in proceedings under this Act make such order as to costs as the court or the proper officer of the court thinks fit.\n\n\t21 Notices\n\n(1) Where the court or the proper officer of the court is required by or under this Act to cause a judgment creditor or judgment debtor to be notified of any matter, it shall be sufficient compliance if the court or the proper officer of the court where one party to proceedings under this Act is before the court or the proper officer of the court orders that party to notify in the manner specified by the court or the proper officer or by the rules the other party to those proceedings of that matter.\n\n(2) No order under this Act against any person shall be binding on the person if that person has not been given notice in the manner required by or under this Act of the order.\n\nS. 22  \nrepealed by No. 57/1989  \ns. 3(Sch. item 105.3).\n\n* * * * *\n\nPart VI—Amendments and transitional provisions\n\nS. 23 repealed by No. 28/2007 s. 3(Sch. item 33).\n\n* * * * *\n\n\t24 Proceedings under the Imprisonment of Fraudulent Debtors Act 1958\n\n(1) Where before the commencement of this Act a summons has been issued under section 4, 15 or 22 of the **Imprisonment of Fraudulent Debtors Act 1958** being a summons returnable after that commencement and upon the return of the summons the matters set out in section 5(2)(a), 16(2)(a) or 22(1)(a) (as the case may be) of that Act as in force before that commencement are alleged, the court shall proceed to deal with the matter as if it had come before the court under section 6(8) of this Act and may make an instalment order under this Act.\n\n(2) Where before the commencement of this Act a summons has been issued under section 4, 15 or 22 of the **Imprisonment of** **Fraudulent Debtors Act 1958** and—\n\n(a) before that commencement the judge or court has been satisfied as to the matters set out in section 5(2)(a), 16(2)(a) or 22(1)(a) (as the case may be) of that Act as in force before that commencement but the judge or court has not made an order under that Act as so in force; or\n\n(b) the judge or court having before that commencement commenced to deal with the matter, the judge or court is after that commencement satisfied as to the matters set out in section 5(2)(a), 16(2)(a) or 22(1)(a) (as the case may be) of that Act as in force before that commencement—\n\nthe judge or court shall not make an order under that Act but may make an instalment order under this Act.\n\n(3) An instalment order made pursuant to this section shall be deemed to be an instalment order made under section 6(8) of this Act.\n\n\t25 Orders under the Imprisonment of Fraudulent Debtors Act 1958\n\n(1) In this section, ***existing order*** means an order for commitment in default of payment made before the commencement of this Act under the **Imprisonment of Fraudulent Debtors Act 1958** by a judge or court satisfied as to the matters set out in section 5(2)(a), 16(2)(a) or 22(1)(a) (as the case may be) of that Act as in force before that commencement.\n\n(2) Subject to this section, an existing order shall notwithstanding the amendments made by this Act to the **Imprisonment of Fraudulent Debtors Act 1958** continue to have the same force and effect as it would have had if those amendments had not been made.\n\n(3) Notwithstanding the **Imprisonment of Fraudulent Debtors Act 1958**, where any money interest and costs or any instalment thereof have not before the commencement of this Act been or are not after that commencement paid as required by an existing order, the judgment creditor in respect of the existing order shall be entitled to apply under section 17 of this Act in all respects as if the existing order were an instalment order under this Act and the judgment debtor had defaulted in an instalment thereunder.\n\n(4) Notwithstanding the **Imprisonment of Fraudulent Debtors Act 1958**, a judgment creditor or judgment debtor in respect of an existing order may at any time make application under section 8 of this Act in all respects as if the existing order were an instalment order under this Act.\n\n(5) Notwithstanding the **Imprisonment of Fraudulent Debtors Act 1958**, no person shall be committed to prison under a warrant of commitment or warrant of commitment on an ex parte application issued under that Act in respect of an existing order.\n\n\t26 Appeals under the Imprisonment of Fraudulent Debtors Act 1958\n\n(1) Where before the commencement of this section a person has pursuant to section 9 of the **Imprisonment of Fraudulent Debtors Act 1958** appealed to the Full Court of the Supreme Court in respect of an order for commitment in default of payment made by a judge satisfied as to the matters set out in section 5(2)(a) of that Act as in force before that commencement and the Full Court has not determined that appeal, the Full Court shall not under that Act confirm or vary the order appealed against, but may under that Act annul or discharge the order or make an instalment order under this Act.\n\n(2) An instalment order made pursuant to subsection (1) shall be deemed to be an instalment order made under section 6(8) of this Act.\n\nSs 27, 28 repealed by No. 28/2007 s. 3(Sch. item 33).\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Judgement Debt Recovery Act 1984** was assented to on 15 May 1984 and came into operation  on 1 May 1985: Government Gazette 17 April 1985 page 1102.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Judgment Debt Recovery Act 1984** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Supreme Court Act 1986, No. 110/1986**\n\n| Assent Date: | 16.12.86 |\n| --- | --- |\n| Commencement Date: | 1.1.87: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Community Services Act 1987, No. 16/1987**\n\n| Assent Date: | 12.5.87 |\n| --- | --- |\n| Commencement Date: | Ss 1–6, 9–13, Sch. 1 on 22.2.89: Government Gazette 22.2.89 p. 386; Sch. 2 items 1–13 on 15.3.89: Government Gazette 15.3.89 p. 587; rest of Act on 25.6.92: Government Gazette 24.6.92 p. 1532 |\n| Current State: | All of Act in operation |\n\n\n**County Court (Amendment) Act 1989, No. 19/1989**\n\n| Assent Date: | 16.5.89 |\n| --- | --- |\n| Commencement Date: | 1.8.89: Government Gazette 26.7.89 p. 1858 |\n| Current State: | All of Act in operation |\n\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989**\n\n| Assent Date: | 14.6.89 |\n| --- | --- |\n| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |\n| Current State: | All of Act in operation |\n\n\n**Constitution (Court of Appeal) Act 1994, No. 109/1994**\n\n| Assent Date: | 20.12.94 |\n| --- | --- |\n| Commencement Date: | Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 |\n| Current State: | All of Act in operation |\n\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 64) on 22.11.00: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Judgment Debt Recovery Act 1984** |\n\n\n**Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006**\n\n| Assent Date: | 15.8.06 |\n| --- | --- |\n| Commencement Date: | S. 42(Sch. item 19) on 23.4.07: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Judgment Debt Recovery Act 1984** |\n\n\n**Statute Law Revision Act 2007, No. 28/2007**\n\n| Assent Date: | 26.6.07 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. item 33) on 27.6.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Judgment Debt Recovery Act 1984** |\n\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| --- | --- |\n| Commencement Date: | S. 10(Sch. item 89) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Judgment Debt Recovery Act 1984** |\n\n\n**Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014**\n\n| *Assent Date:* | 9.9.14 |\n| --- | --- |\n| *Commencement Date:* | S. 16 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Judgment Debt Recovery Act 1984** |\n\n\n**Justice Legislation Further Amendment Act 2016, No. 3/2016**\n\n| *Assent Date:* | 16.2.16 |\n| --- | --- |\n| *Commencement Date:* | S. 95 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Judgment Debt Recovery Act 1984** |\n\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| --- | --- |\n| Commencement Date: | S. 68(Sch. 2 item 72) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Judgment Debt Recovery Act 1984** |\n\n\n**Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022**\n\n| Assent Date: | 15.2.22 |\n| --- | --- |\n| Commencement Date: | S. 97 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Judgment Debt Recovery Act 1984** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 3 def. of ***proper officer of the court***: Section 17 of the **County Court (Amendment) Act 1989**, No. 19/1989 reads as follows:\n\n  17 Transitional provision\n\n  (1) The person who holds office as the registrar of the Court at Melbourne immediately before the commencement of this Act holds office as the registrar under and subject to this Act and the **Public Service Act 1974** on and from that commencement without any further appointment.\n\n  (2) Each person who holds office as a registrar of the Court (except the registrar of the Court at Melbourne) immediately before the commencement of this Act holds office as a deputy registrar under and subject to this Act and the **Public Service Act 1974** on and from that commencement without any further appointment.\n\n  (3) Each person who holds office as an assistant registrar of the Court immediately before the commencement of this Act holds office as a deputy registrar under and subject to this Act and the **Public Service Act 1974** on and from that commencement without any further appointment.\n\n  (4) Unless the context otherwise requires, any reference in this or any other Act or in any subordinate instrument or in any document or writing of any kind whatsoever to the registrar of the County Court is to be taken to refer to the registrar or any deputy registrar of the Court. [↑](#endnote-ref-2)\n\n2. S. 19(4)(b): Section 29 of the **Constitution (Court of Appeal) Act 1994**, No. 109/1994 reads as follows:\n\n  29 Proceedings before the Full Court\n\n  (1) The **Constitution Act 1975**, the **Supreme Court Act 1986** and the **Crimes Act 1958** and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.\n\n  (2) If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgment in that proceeding, may be done by the Court of Appeal. [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation's scope has remained consistent with its original 1984 purpose of creating a structured instalment-payment regime for judgment debts and effecting a controlled transition away from the imprisonment-focused Imprisonment of Fraudulent Debtors Act 1958. Subsequent amendments have refined court procedures, updated terminology and appeal paths, but have not expanded the Act into new subject areas such as consumer credit or insolvency."},"complexity_factors":["Multi-stage procedural pathways in Parts II–IV involving applications to 'proper officers', objections, mandatory oral examinations and default summonses","Detailed definitions in s 3 that are cross-linked to rules of court and other statutes (e.g. Victoria Police Act 2013, Children, Youth and Families Act 2005)","Transitional provisions in Part VI that graft the new regime onto pre-1985 proceedings and orders under the repealed Imprisonment of Fraudulent Debtors Act 1958","Conditional logic and exceptions, including the three-month bar on repeat applications (s 6(9)), pensioner protection (s 12), and limits on when imprisonment can be ordered (s 19(2))","Frequent cross-references to rules of court, forms, affidavits and appeal routes that have been amended by at least ten later Acts"],"plain_english_summary":"**This Victorian law lets people who owe money after a court case (called judgment debtors) pay it back in affordable weekly or monthly payments instead of all at once.**\n\nIt creates a step-by-step process for getting a court order (an 'instalment order') that sets out exactly how much must be paid and when. Either the person who is owed the money or the person who owes it can ask the Supreme Court, County Court or Magistrates' Court to make, change or cancel these orders. The law also lets the two sides sign a voluntary written agreement that the court then turns into an official order.\n\nBefore making or changing an order, the court usually questions the debtor about their income, assets, debts and ability to pay. If payments are missed, the creditor can ask for another hearing, and in serious cases of deliberate ongoing refusal to pay (when the person clearly has the money), the court can send them to prison for up to 40 days. Special protection exists for people whose only income is a government pension or similar benefit — no order can be forced on them without their agreement.\n\nThe Act replaced older, harsher rules that could lead to debtors being jailed more easily. It matters because it gives debtors breathing space to avoid losing homes, jobs or essential belongings while still giving creditors a realistic path to recover what they are owed. It applies to any money judgment, whether the court decision was made before or after 1985."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act's core scope remains as originally stated: it provides for recovery of judgment debts by instalments and applies to judgments made before or after its commencement (s 4 and long title). Amendments and transitional provisions (Part VI, ss 24–26) adjust how earlier commitment orders under the Imprisonment of Fraudulent Debtors Act 1958 are handled and update procedural and court/appeal arrangements, but they do not expand or narrow the Act's fundamental subject-matter of instalment-based recovery."},"complexity_factors":["Multiple decision-makers: courts and 'proper officer' share power to make, confirm or refuse instalment orders (ss 3, 5, 6, 7).","Procedure layered across stages: initial order, application, objection, oral examination, enforcement and appeal (ss 5–19).","Presence of both informal agreements and formal court-ordered instalments, with conversion mechanics (ss 7, 11).","Compulsory oral examination and document production procedures permitting warrants and police involvement (ss 13–16, 14(2)–(4), 17(2)–(4)).","Statutory limits and safeguards that narrow grounds for creditor-initiated variation but allow imprisonment for persistent wilful default, creating fine-grained enforcement thresholds (ss 8, 19).","Transitional provisions interacting with the Imprisonment of Fraudulent Debtors Act 1958 and legacy orders (Part VI, ss 24–26).","Interaction with prescribed forms and court rules creates dependency on subordinate instruments (ss 6(2), 7(2), definition of 'prescribed' in s 3).","Discretion on costs and notice mechanics that can affect procedural burdens and who bears administrative tasks (ss 20–21)."],"plain_english_summary":"### What this law does, in practical terms\n\n- The Act creates a legal process for turning a court judgment for money into a schedule of payments (an \"instalment order\") instead of allowing immediate enforcement such as seizure or execution (see ss 5, 6, 7, 9).\n- An instalment order can be made by a court when it gives judgment (s 5) or later on application by either the person owed money (the judgment creditor) or the person who must pay (the judgment debtor) (s 6). The court or a designated court officer (the \"proper officer\") may itself make or confirm these orders under rules set out in the Act (s 6(3), (7)).\n- Parties may also file a written instalment agreement between creditor and debtor; the proper officer will convert that agreement into an instalment order (s 7).\n- While an instalment order is in force and being complied with it suspends enforcement or execution of the judgment (s 9). Applications under s 6 operate as an automatic stay from the time of service until the matter is dealt with (s 6(8)).\n\n### Who decides and who pays\n\n- Who decides: either the court (Supreme, County or Magistrates') or the court's proper officer, depending on the step (ss 3, 5, 6, 7, 13). The proper officer can make interim decisions without hearing the other party, but parties have rights to notice and to object which will bring the matter before the court (s 6(3)–(7)).\n- Who pays: the judgment debtor must pay the instalments specified by the order or agreement (ss 5, 7). If the debtor defaults, the creditor may apply to enforce the order and trigger court proceedings (s 17).\n\n### Procedural steps and tools the law provides\n\n- Applications must generally be in prescribed form and specify the outstanding amount and the proposed instalments (s 6(2); s 7(2)).\n- The court must normally examine the judgment debtor in person about income, assets, cash available and liabilities before making, confirming, varying or cancelling an instalment order (ss 13–15). The court can summon the debtor and, if needed, issue a police-addressed warrant to secure attendance (s 14).\n- Summonses can require production of documents relevant to the debtor's financial position (s 16).\n- If the debtor defaults, the creditor can apply to have the debtor brought before the court to explain the default; the court may confirm, vary or cancel the instalment order after examination (ss 17–18).\n- Persistent, wilful default by a debtor who has the means to pay may attract imprisonment for up to 40 days (s 19). A debtor cannot be imprisoned unless physically before the court (s 19(2)) and may be released if the missed instalments are paid (s 19(3)).\n\n### Limits, safeguards and special rules\n\n- An instalment order must not be made (without the debtor's consent) if the debtor's income is solely certain social security pensions or allowances (s 12).\n- A creditor's narrow statutory grounds to seek variation or cancellation of an instalment order are limited to a substantial increase in the debtor's means or that material information given in support of the original order was inaccurate (s 8).\n- No fine may be imposed for failing to attend an oral examination or a hearing under the Act (ss 14(7), 17(6)).\n- The court may make costs orders as it thinks fit in proceedings under the Act (s 20). Notices can be handled by ordering one party who is present to notify the other (s 21).\n- Transitional provisions convert certain previous commitment orders under the Imprisonment of Fraudulent Debtors Act 1958 into instalment orders under this Act and change some enforcement mechanics for older matters (Part VI, ss 24–26).\n\n### Official purpose-claim and a practical test against costs and incentives\n\n- The Act's stated mechanical purpose is to provide for the recovery of judgment debts by instalments and to amend older statutes to fit that process (short title and long title; see also s 4 for coverage of judgments before or after commencement).\n\nTesting that purpose against identifiable mechanisms and trade-offs in the text:\n\n- Incentives and private choice: the law allows parties to agree privately on instalments (s 11), and it converts those agreements into court-backed instalment orders if filed (s 7). That preserves contractual freedom while offering a court-enforced path (ss 7, 11).\n- Creditor incentives: a creditor can obtain a court-backed, enforceable schedule of payments (ss 5–7) but must accept statutory limits on varying or cancelling those orders (s 8). Also, while an application is pending it suspends immediate enforcement (s 6(8), s 9), which delays aggressive collection options in exchange for predictable receipts.\n- Debtor incentives and burden: debtors face an informational and attendance obligation (ss 13–16) and potential short-term imprisonment for persistent wilful non-payment where the debtor has means (s 19). The requirement that courts examine a debtor’s finances (s 15) increases compliance costs (time, preparing documents under s 16) but provides the court with fact-finding power to tailor orders (s 18).\n- Administrative cost and discretion: the proper officer has authority to make or refuse instalment orders without immediate hearing (s 6(3)); courts may later confirm, vary or cancel those decisions (s 6(7)). That places administrative discretion at the registry level with a backstop of judicial review—this lowers transaction time in some cases but concentrates decision-making in officers who operate under prescribed forms and the rules (s 6(2), (3)).\n- Enforcement trade-offs and risk: converting enforcement into instalment schedules reduces immediate enforcement actions but preserves mechanisms to compel attendance and to imprison persistent, willful defaulters (ss 14, 17, 19). The Act also curtails some older ex parte commitment powers for existing orders (s 25(5)), which shifts the balance toward on-the-record proceedings.\n- Opportunity costs and court resources: routine oral examinations, production requirements and warrants (ss 13–17) imply a recurring administrative and judicial workload; the Act gives courts and registries flexible powers (ss 6, 20) to manage that workload but does not prescribe resourcing.\n\nThis description states the mechanisms the Act creates and the direct trade-offs they involve (who pays, who decides, what behaviour changes). It does not assess whether those trade-offs are desirable, only how they are allocated and enforced under the statute (citations above)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient legislative content was provided to meaningfully assess whether the scope changed from the original intent. The document contains only version history metadata and no operative sections, objects clauses, or amendment history that would allow a scope comparison."},"complexity_factors":["The source text provided is severely truncated and contains only metadata/version history with no actual legislative content","Limited ability to assess true complexity due to absence of operative provisions","Judgment debt and interest calculation concepts can involve some mathematical and procedural complexity","Interaction with broader civil procedure and court rules may add layers of complexity in practice","Historical legislation (1984) may have accumulated amendments that create complexity not visible here"],"plain_english_summary":"## Judgment Debt Recovery Act 1984\n\n**What is this?**\nThis is a Victorian law from 1984 that deals with recovering money owed under a court judgment (a \"judgment debt\" — meaning money a court has officially ordered someone to pay).\n\n**Who does it affect?**\n- People who are owed money under a court order (creditors)\n- People who owe money under a court order (debtors)\n- Courts administering debt enforcement\n\n**What does it do?**\nThe Act provides a legal framework for how interest accrues (builds up) on unpaid court-ordered debts, and potentially the mechanisms for enforcing collection of those debts. It ensures that a debtor cannot simply delay payment indefinitely without financial consequence — interest continues to accumulate on the outstanding amount.\n\n**Why does it matter?**\nIf you've won a court case and someone owes you money, this law helps protect the value of what you're owed over time. If you *owe* money under a court order, this law means the longer you wait to pay, the more you'll owe due to interest.\n\n> ⚠️ **Note:** The version information provided is incomplete, making it difficult to fully assess current provisions or any amendments."}},"importantCases":[],"_links":{"self":"/api/acts/judgment-debt-recovery-act-1984","history":"/api/acts/judgment-debt-recovery-act-1984/history","analysis":"/api/acts/judgment-debt-recovery-act-1984/analysis","conflicts":"/api/acts/judgment-debt-recovery-act-1984/conflicts","importantCases":"/api/acts/judgment-debt-recovery-act-1984/important-cases","documents":"/api/acts/judgment-debt-recovery-act-1984/documents"}}