ACTIn ForceRegulation
Court Procedures Rules
2160Instalment order—amending, suspending or setting aside
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2160 Instalment order—amending, suspending or setting aside
(1) On application by the enforcement creditor or enforcement debtor (a
party), the court may make an order amending, suspending or setting
aside an instalment order.
(2) A party must not make more than 1 application for an order amending
an instalment order within a 6-month period unless the court gives
(3) The enforcement creditor may make an application for an order
amending an instalment order only if—
(a) there has been a substantial increase in the property, or a
substantial improvement in the financial circumstances, of the
(i) since the order was made; or
(ii) if the order has been amended—since the order was last
amended; or
(b) when the order was made, amended or last amended, material
facts had been withheld from the court or material evidence
before the court was false.
(4) If—
(a) the court makes an order under subrule (1) on the application of
the enforcement creditor; and
(b) the enforcement debtor was not before the court when the order
was made;
the enforcement creditor must serve a sealed copy of the order on the
Rule 2161
(5) If—
(a) the court makes an order under subrule (1) on the application of
the enforcement debtor; and
(b) the enforcement creditor was not before the court when the order
was made;
the registrar must serve a sealed copy of the order on the enforcement
(6) Unless the court otherwise orders, an order amending or suspending
an instalment order does not come into force until the end of 7 days
(a) the day the order is made; or
(b) if a sealed copy of the order is required to be served under
subrule (4) or (5)—the day the order is served.