Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

JUDGMENT DEBT RECOVERY ACT 1984 - SECT 25

Orders under the Imprisonment of Fraudulent Debtors Act 1958

    (1)     In this section, existing order means an order for commitment in default of payment made before the commencement of this Act under the Imprisonment of Fraudulent Debtors Act 1958 by a judge or court satisfied as to the matters set out in section 5(2)(a) , 16(2)(a) or 22(1)(a) (as the case may be) of that Act as in force before that commencement.

    (2)     Subject to this section, an existing order shall notwithstanding the amendments made by this Act to the Imprisonment of Fraudulent Debtors Act 1958 continue to have the same force and effect as it would have had if those amendments had not been made.

    (3)     Notwithstanding the Imprisonment of Fraudulent Debtors Act 1958 , where any money interest and costs or any instalment thereof have not before the commencement of this Act been or are not after that commencement paid as required by an existing order, the judgment creditor in respect of the existing order shall be entitled to apply under section 17 of this Act in all respects as if the existing order were an instalment order under this Act and the judgment debtor had defaulted in an instalment thereunder.

    (4)     Notwithstanding the Imprisonment of Fraudulent Debtors Act 1958 , a judgment creditor or judgment debtor in respect of an existing order may at any time make application under section 8 of this Act in all respects as if the existing order were an instalment order under this Act.

    (5)     Notwithstanding the Imprisonment of Fraudulent Debtors Act 1958 , no person shall be committed to prison under a warrant of commitment or warrant of commitment on an ex parte application issued under that Act in respect of an existing order.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback