Court Procedures Rules 2006

If an instalment order is made for an order debt, the enforcement creditor must make a record of the amount and date of each instalment paid by the enforcement debtor under the instalment order to, or as directed by, the enforcement creditor.

The enforcement creditor must keep the record for at least 6 years after the day the last instalment is paid by the enforcement debtor under the instalment order.

The enforcement debtor is entitled, at any reasonable time while the record is being kept, to inspect the record and make a copy of, or take an extract from, the record.

If the enforcement debtor asks for a copy of all or part of the record while it is being kept, the enforcement creditor must give the copy to the enforcement debtor on payment of a reasonable charge for preparing the copy.

On application by the enforcement debtor, the court may make any order it considers appropriate to ensure compliance with this rule, including, for example—

an order requiring the enforcement creditor to—

file in the court a copy of all or part of the record verified by affidavit; or

give the enforcement debtor a copy of all or part of the record; or

an order that the enforcement creditor is not entitled to interest on the order debt for all or part of a period.

Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.