Victorian Current Acts

JUDGMENT DEBT RECOVERY ACT 1984 - SECT 6

    (1)     A judgment creditor or judgment debtor may at any time after judgment is given apply to the proper officer of the court—

        (a)     where an instalment order has not been made under section 5, for an order that the judgment debt or the balance of the judgment debt then owing to the judgment creditor be paid by instalments; or

        (b)     where an instalment order has been made under section 5, for another instalment order in substitution for the order under section 5.

    (2)     An application under subsection (1) shall—

        (a)     be in or to the effect of the prescribed form;

        (b)     specify the amount of the judgment debt then owing to the judgment creditor; and

        (c)     specify the amount of each instalment proposed to be paid and the times at which instalments are proposed to be paid.

    (3)     Subject to and in accordance with the rules, the proper officer of the court may without notice to the judgment creditor or judgment debtor and whether or not the judgment creditor or judgment debtor is before the proper officer—

        (a)     order that the judgment debt or the balance of the judgment debt then owing to the judgment creditor be paid by the instalments and at the times specified in the application; or

        (b)     refuse to make such an order.

    (4)     The proper officer of the court shall cause the judgment debtor and judgment creditor to be notified of an order or refusal to make an order under subsection (3).

    (5)     A judgment creditor or judgment debtor may within the prescribed period after receiving notice under subsection (4) file with the proper officer of the court notice of objection and the proper officer shall set the matter down for hearing by the court.

    (6)     The proper officer of the court shall cause the judgment debtor and judgment creditor to be notified of the time and place of the hearing.

    (7)     The court may—

        (a)     where the proper officer has refused to make an order under subsection (3)—

              (i)     order that the judgment debt or the balance of the judgment debt then owing to the judgment creditor be paid by the instalments and at the times specified in the order; or

              (ii)     refuse to make such an order; or

        (b)     where notice of objection to the order under subsection (3)(a) has been filed under subsection (5), confirm vary or cancel the order of the proper officer of the court—

and shall cause the judgment creditor and the judgment debtor to be notified accordingly.

    (8)     Where an application under subsection (1) is made—

        (a)     the applicant shall serve a copy of the application on the judgment creditor or judgment debtor (as the case may be); and

        (b)     from the time of service the application shall operate as a stay of enforcement or execution of the judgment in respect of which the application is made until the proper officer of the court or the court (as the case requires) deals with the matter.

    (9)     Where a judgment debtor has applied under this section for an instalment order and the proper officer of the court or the court (as the case may be) has refused to make the instalment order, the judgment debtor may not make another application under this section within three months after that refusal.