ACTIn ForceRegulation
Court Procedures Rules
2314Debt redirection order—amending, suspending or setting
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2314 Debt redirection order—amending, suspending or setting
aside
(1) On application by the enforcement creditor or enforcement debtor,
the court may make an order amending, suspending or setting aside a
debt redirection order.
(2) The registrar must give notice of the date and time the application is
to be heard to the enforcement creditor, enforcement debtor and third
(3) After hearing the application, the court may make 1 or more of the
Rule 2314
(b) an order amending, suspending or setting aside the debt
redirection order;
(c) a regular redirection order;
(d) an earnings redirection order.
(4) In considering whether to make an order mentioned in subrule (3), the
court must have regard to—
(a) the order (if any) preferred by the enforcement debtor; and
(b) the likelihood of the enforcement debtor complying with an
instalment order; and
(c) the property and financial circumstances of the enforcement
debtor, including any other enforcement orders (however
described) in force against the enforcement debtor; and
(d) any other information that the court considers is relevant and
reliable.
(5) Subrule (4) does not limit—
(a) the other matters to which the court must have regard in deciding
whether to make an instalment order or earnings redirection
Note For these matters, see—
• r 2352 (Earnings redirection order—relevant considerations).
(b) the other matters to which the court may have regard.
(6) If the court makes an order amending, suspending or setting aside the
debt redirection order under this rule—
(a) the registrar must serve a sealed copy of the order on the
enforcement creditor, enforcement debtor and third person; and
(b) the order does not come into force until the end of 7 days after
the day it is served on the third person.
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