QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.868Order may authorise payment by instalments
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### sec.868 Order may authorise payment by instalments
A court may make an order authorising satisfaction of an order debt by instalment payments (an instalment order ).
A court may make the instalment order—
when making a money order; or
on the application of a party (the applicant ), at any later time before the money order has been satisfied.
The application may be made without notice to any other party.
However, if the application is made without notice to another party and an instalment order is made on the application, the applicant must serve the instalment order on the other party.
If a party—
is served with an instalment order under subrule (4) ; and
was not before the court when the instalment order was made;
the party may apply to the court, on notice to the applicant, to set aside or vary the instalment order.
If the applicant was not before the court when an order setting aside or varying the instalment order was made, the party who applied for the order must serve the order on the applicant.
r 868 sub 2004 SL No. 115 s 16
(sec.868-ssec.1) A court may make an order authorising satisfaction of an order debt by instalment payments (an instalment order ).
(sec.868-ssec.2) A court may make the instalment order— when making a money order; or on the application of a party (the applicant ), at any later time before the money order has been satisfied.
(sec.868-ssec.3) The application may be made without notice to any other party.
(sec.868-ssec.4) However, if the application is made without notice to another party and an instalment order is made on the application, the applicant must serve the instalment order on the other party.
(sec.868-ssec.5) If a party— is served with an instalment order under subrule (4) ; and was not before the court when the instalment order was made; the party may apply to the court, on notice to the applicant, to set aside or vary the instalment order.
(sec.868-ssec.6) If the applicant was not before the court when an order setting aside or varying the instalment order was made, the party who applied for the order must serve the order on the applicant.
- (a) when making a money order; or
- (b) on the application of a party (the applicant ), at any later time before the money order has been satisfied.
- (a) is served with an instalment order under subrule (4) ; and
- (b) was not before the court when the instalment order was made;