Application for instalment order
50.01 Application for instalment order
Where, under section 27(2)(b) of the Local Court (Civil
Procedure) Act 1989, a judgment creditor or judgment debtor applies for an instalment order, he or she must file an application in accordance with Form 50A.
A judgment creditor or judgment debtor may apply for the variation or cancellation of an instalment order by filing an application in accordance with Form 50B.
Where the applicant under subrule (1) or (2) is the judgment creditor, he or she must also file an affidavit stating the facts on which the application is based.
Where the applicant under subrule (1) or (2) is the judgment debtor, he or she must also file a declaration of financial circumstances in accordance with Form 47C or 47D, whichever is applicable.
Copies of the application and affidavit are to be served on the other party as soon as practicable after they are filed.
The filing of an application for an instalment order operates as a stay of execution unless the Court orders otherwise.
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