ACTIn ForceRegulation
Court Procedures Rules
2151Instalment order—application by enforcement debtor
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2151 Instalment order—application by enforcement debtor
(1) An application by an enforcement debtor for an instalment order is
made by filing in the court—
(a) a sworn statement of the enforcement debtor’s financial
position; and
Rule 2151
(b) a draft of the order sought.
Note 1 See approved form 2.54 (Instalment order) AF2006-299.
Note 2 Some applications by the enforcement debtor need leave (see r 2152).
Note 3 For the effect of the making of the application on a seizure and sale order,
see r 2208 (Seizure and sale order—application for instalment order stays
sale of seized property).
(2) Part 6.2 (Applications in proceedings) does not apply to the
(3) The sworn statement and draft order mentioned in subrule (1) need
not be served on anyone unless the court otherwise orders on its own
(4) Unless the court otherwise orders on its own initiative, an application
for an instalment order by an enforcement debtor must be dealt with
without a hearing and in the absence of the parties.
(5) To remove any doubt, this rule does not apply to an application by an
enforcement debtor for an instalment order made—
(a) when making the money order; or
(b) under any of the following rules:
(i) rule 2013 (Enforcement—stay);
(ii) rule 2051 (Enforcement orders—application to set aside);
(iii) rule 2314 (Debt redirection order—amending, suspending
or setting aside);
(iv) rule 2360 (Earnings redirection order—amending,
suspending or setting aside).
Rule 2152