Proceedings stayed but rights not otherwise prejudiced

Current

(1)

While one or more payments are postponed, all proceedings against the member or dependant concerned that were instituted before the commencement of this Act:

(a)

to enforce the payments; or

(b)

in respect of, or because of, non‑payment;

are stayed.

(2)

It does not matter how or in what forum the proceedings were instituted.

(3)

Also, while one or more payments are postponed, all remedies against the member or dependant to recover the payments are stayed.

(4)

However, this Division does not:

(a)

prejudice or affect any stayed proceeding or remedy; or

(b)

affect the rights or obligations of anyone;

except so far as is necessary to give effect to this Division.

(5)

As soon as the postponement ceases:

(a)

all stayed proceedings may be continued; and

(b)

all stayed remedies may be pursued.

This Act’s bill:Explanatory memorandum Second reading speech

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55 Proceedings stayed but rights not otherwise prejudiced