New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 37.5

37.5 Stay of execution pending determination of application for instalment order

(1) Execution of the judgment to which an application for an instalment order relates is stayed--

(a) from the time the application is made until the time the application is determined, and

(b) if the application is refused by an order under rule 37.3(1)(b) and an objection against the order is filed under rule 37.3(3), from the time the objection is filed until the time the objection is determined.

(2) Subrule (1) does not apply if the applicant has previously made an application under this rule with respect to the same judgment debt.

Note : See also section 107(2) of the Civil Procedure Act 2005 which provides for stay of execution of the judgment while an instalment order is in force.