Court Procedures Rules 2006

On application by the enforcement creditor or enforcement debtor, the court may make an order amending, suspending or setting aside a debt redirection order.

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

The registrar must give notice of the date and time the application is to be heard to the enforcement creditor, enforcement debtor and third person.

After hearing the application, the court may make 1 or more of the following orders:

an instalment order;

an order amending, suspending or setting aside the debt redirection order;

a regular redirection order;

an earnings redirection order.

In considering whether to make an order mentioned in subrule (3), the court must have regard to—

the order (if any) preferred by the enforcement debtor; and

the likelihood of the enforcement debtor complying with an instalment order; and

the property and financial circumstances of the enforcement debtor, including any other enforcement orders (however described) in force against the enforcement debtor; and

any other information that the court considers is relevant and reliable.

Subrule (4) does not limit—

the other matters to which the court must have regard in deciding whether to make an instalment order or earnings redirection order; or

For these matters, see—

the other matters to which the court may have regard.

If the court makes an order amending, suspending or setting aside the debt redirection order under this rule—

the registrar must serve a sealed copy of the order on the enforcement creditor, enforcement debtor and third person; and

the order does not come into force until the end of 7 days after the day it is served on the third person.