ACTIn ForceRegulation
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