Victorian Current Acts Victorian Current Acts(1) A judgment debtor who has the means to pay the instalments under an instalment order and persistently and wilfully and without an honest and reasonable excuse defaults in the payment of the instalments under an instalment order shall be liable to be imprisoned by order of the court for not more than 40 days.
(2) An order for the imprisonment of a judgment debtor shall not be made unless the judgment debtor is before the court.
(3) Where an order for imprisonment is made and the judgment debtor pays the instalments of which default was made the judgment debtor shall be discharged out of custody upon a certificate of that payment signed by the proper officer of the court.
(4) A judgment debtor who is aggrieved by an order for imprisonment may appeal against that order—
S. 19(4)(a) amended by No. 57/1989 s. 3(Sch. item 105.2).
(a) where that order was made by the Magistrates' Court, to the County Court; or
S. 19(4)(ab) inserted by No. 3/2016 s. 95, amended by No. 1/2022 s. 97.
(ab) where that order was made by the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal; or
S. 19(4)(b) amended by Nos 110/1986 s. 140(2)(Sch.), 109/1994 s. 34(8), 62/2014 s. 16.
(b) [2] where that order was made by the County Court or the Supreme Court, to the Court of Appeal with leave of the Court of Appeal.
Part V—General