Court Procedures Rules 2006

In deciding whether to make a debt redirection order, the court must have regard to the following matters, as far as they are known to the court:

the enforcement debtor’s means of satisfying the order debt;

whether the order debt, including any interest, will be satisfied within a reasonable time;

the necessary living expenses of the enforcement debtor and the enforcement debtor’s dependants;

other liabilities of the enforcement debtor;

the amount of the order debt;

the amount of the debt to be redirected and the amount of each instalment (if any);

if the applicant is the enforcement debtor—whether, having regard to the availability of other enforcement means, making the order would be consistent with the public interest in enforcing orders justly, efficiently and quickly;

whether, having regard to the nature of the debt and the kind of redirection, the redirection is appropriate.

Subrule (1) does not limit the matters to which the court may have regard.

In deciding the amount of the debt to be redirected under the order and the amount of each instalment (if any), the court must be satisfied that the order will not impose unreasonable hardship on the enforcement debtor or any dependant of the enforcement debtor.

However, an enforcement hearing is not necessary before the court makes the debt redirection order.