Court Procedures Rules
2152Instalment order—when application by enforcement
Start here
Get a plain-English read of 2152
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
2152 Instalment order—when application by enforcement debtor requires leave (1) The enforcement debtor may not make an application for an instalment order without the court’s leave if— (a) the enforcement debtor has made an application for an instalment order in relation to the same money order in the previous 6 months; or (b) a previous instalment order made in relation to the same money order ceased to have effect under rule 2162 (Instalment order— ceasing to have effect for nonpayment). (2) An application for leave must be accompanied by an affidavit in support of the application. (3) In deciding whether to give leave under this rule, the court must have regard to the following matters: (a) any change in the enforcement debtor’s property or financial circumstances since the enforcement debtor last applied to the court for an instalment order for the order debt; (b) the payments made by the enforcement debtor in discharge of the order debt; (c) the enforcement action (if any) taken in relation to the order debt; (d) the interests and attitudes of the parties; (e) whether giving leave would be consistent with the public interest in enforcing orders justly, efficiently and quickly.
Rule 2153