ACTIn ForceRegulation
Court Procedures Rules
2360Earnings redirection order—amending, suspending or
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2360 Earnings 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
an earnings 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
enforcement debtor’s employer.
Rule 2360
(3) After hearing the application, the court may make 1 or more of the
(b) an order amending, suspending or setting aside the earnings
redirection order;
(c) a debt redirection order;
(d) a regular 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 debt redirection order;
or
Note For these matters, see—
• r 2303 (Debt redirection order—relevant considerations).
(b) the other matters to which the court may have regard.
Rule 2361
(6) If the court makes an order amending, suspending or setting aside the
earnings redirection order under this rule—
(a) the registrar must serve a sealed copy of the order on the
enforcement creditor, enforcement debtor and employer; and
(b) the order does not come into force until the end of 7 days after
the day it is served on the employer.