UNIFORM CIVIL PROCEDURE RULES 1999 - REG 869 Prerequisites for instalment order

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 869

869 Prerequisites for instalment order

(1) In deciding whether to make an instalment order, the court must have regard to the following—

(a) whether the enforcement debtor is employed;

(b) the enforcement debtor’s means of satisfying the order;

(c) whether the order debt, including any interest, will be satisfied within a reasonable time;

(d) the necessary living expenses of the enforcement debtor and the enforcement debtor’s dependants;

(e) other liabilities of the enforcement debtor;

(f) if the applicant is the enforcement debtor—whether, having regard to the availability of other enforcement means, making the order would be consistent with the public interest in enforcing money orders efficiently and expeditiously.

(2) In deciding the amount and timing of the instalments, the court must be satisfied that the instalment order will not impose unreasonable hardship on the enforcement debtor.

(3) However, an enforcement hearing is not necessary before the court makes the instalment order.