New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 37.6

Variation or rescission of instalment order on proof of improvement in judgment debtor's financial circumstances

37.6 Variation or rescission of instalment order on proof of improvement in judgment debtor's financial circumstances

(cf DCR Part 31A, rule 3; LCR Part 27, rule 3)

(1) A judgment creditor may apply to the court for the variation or rescission of an instalment order.
(2) Such an application must be supported by an affidavit as to the judgment debtor's financial circumstances, indicating the extent to which they appear to have improved since the instalment order was made.
(3) On receiving the application, the registrar--
(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.
(4) The court may determine the application--
(a) by varying or rescinding the instalment order to which it relates, or
(b) by dismissing the application.
(5) As soon as practicable after making its determination, the court must give notice of the determination and, if it varies the instalment order, of the terms of the order as varied--
(a) to the judgment creditor and the judgment debtor, and
(b) if the determination relates to an instalment order to which a garnishee order is subject, to the garnishee.



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