New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 37.4

37.4 Instalment order made by court

(cf DCR Part 31A, rule 2; LCR Part 27, rule 2)

(1) This rule applies if the court is dealing with--

(a) an application for an instalment order pursuant to rule 37.2(3)(b), or

(b) an objection against an order made under rule 37.3(1)(a) or (b).

(2) On receiving the application or objection, the court--

(a) must set the matter down for hearing, and

(b) must give notice of the time, date and place of the hearing to the judgment creditor and the judgment debtor, and

(c) if it has not already been done, must also give to the judgment creditor a copy of the affidavit referred to in rule 37.2(2)(b).

(3) The court may determine an application for an instalment order, or an objection against an order refusing such an application--

(a) by making an instalment order in relation to the amount owing under the judgment debt, or

(b) by dismissing the application.

(4) The court may determine an objection against the making of an instalment order--

(a) by varying or rescinding the instalment order, or

(b) by dismissing the objection.

(5) As soon as practicable after making its determination, the court must give notice of the determination, and (if it makes or varies an instalment order) of the terms of the order or the order as varied, to the judgment creditor and the judgment debtor.