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Court Procedures Rules
2112Enforcement hearing—orders
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2112 Enforcement hearing—orders
(1) At the enforcement hearing, the court may—
(a) issue an enforcement hearing warrant; or
Note Rule 2110 (2) deals with the issue of a warrant.
(b) make an instalment order for the order debt; or
Note Div 2.18.4 (Enforcement of money orders—instalment orders)
provides for the making of instalment orders.
(c) make an order amending, suspending or setting aside an
instalment order made for the order debt; or
Note See r 2160 (Instalment order—amending, suspending or setting
aside).
(d) make an earnings redirection order; or
Note Div 2.18.8 (Enforcement of money orders—earnings redirection
orders) applies to the making of earnings redirection orders.
(e) make an order amending, suspending or setting aside an
earnings redirection order; or
Note See r 2360 (Earnings redirection order—amending, suspending or
setting aside).
(f) make an order staying the enforcement of the money order; or
Note Rule 2013 (Enforcement—stay) provides for the stay of money
orders on application.
(g) make another order about the enforcement of the order; or
Rule 2112
(h) award costs on application by the enforcement creditor, the
enforcement debtor or someone else required to attend the
enforcement hearing by a subpoena or warrant.
an order under par (g) and an application under par (h).
(2) Without limiting rule 6016 (Application in proceeding—oral
otherwise orders on application by the enforcement creditor or
enforcement debtor or on its own initiative.
(3) However, the court must not—
(a) make an instalment order at the enforcement hearing unless the
(i) had applied for the order under rule 2151; or
(ii) consents to the making of the order; or
(b) amend an instalment order at the enforcement hearing unless the
(i) had applied for the amendment under rule 2160; or
(ii) consents to the amendment.
(4) To remove any doubt, the court may set aside an instalment order at
the enforcement hearing whether or not the enforcement debtor
consents to the order being set aside.
(5) Also, unless the court otherwise orders, the costs of the enforcement
hearing are costs of enforcement of the order.
Rule 2150
Division 2.18.4 Enforcement of money orders—
instalment orders