TASIn ForceRegulation
Magistrates Court (Civil Division) Rules 1998
119AOrders about payment of judgment debts
Start here
Get a plain-English read of 119A
Turn the raw legal text into a practical explanation grounded in Magistrates Court (Civil Division) Rules 1998.
### 119A Orders about payment of judgment debts
> [*\[Rule 119A Inserted by S.R. 2013, No. 69, Applied:04 Sep 2013\]*](/view/html/inforce/2013-09-04/sr-2013-069#GS65@EN)
>
> > (1) In this rule –
> >
> > > ***judgment creditor*** means a person entitled to enforce a judgment or order for the payment of money to a person;
> >
> > > ***judgment debtor*** means a person required by a judgment or order to pay money to a judgment creditor.
>
> > (2) The Court may order a judgment debtor to pay the judgment debt –
> >
> > > > (a) within a period specified in the order; or
> > >
> > > > (b) by instalments that are of the amounts, and are payable within the periods, specified in the order.
>
> > (3) The Court may make an order under [subrule (2)](#GS119A@Gs2@EN) on its own motion or on the application of a judgment creditor or judgment debtor.
>
> > (4) The Court may not make an order under [subrule (2)](#GS119A@Gs2@EN) that requires a judgment debtor to pay within a period an amount that constitutes all or part of the judgment debt if the Court is of the opinion, on the evidence before it, that requiring payment of that amount within the period will impose unreasonable hardship on the judgment debtor.
>
> > (5) In determining whether requiring payment of an amount within a period will impose unreasonable hardship on the judgment debtor, the Court is to have regard to any evidence before the Court as to –
> >
> > > > (a) the judgment debtor's means of satisfying the judgment debt; and
> > >
> > > > (b) where the judgment debtor is a natural person, the judgment debtor's reasonable living expenses; and
> > >
> > > > (c) any other debts for which the judgment debtor is liable.
>
> > (6) The Court may, on the application of a judgment creditor or judgment debtor, vary, suspend or substitute an order made under [subrule (2)](#GS119A@Gs2@EN) in relation to the judgment debtor.