Judgment Debt Recovery Act 1984 - AustLII

1 Judgment debt Recovery Act 1984 No. 10063 TABLE OF PROVISIONS PART I. PRELIMINARY Section 1. Short title. 2. Commencement. 3. Interpretation. 4. Application. PART II. INSTALMENT ORDERS 5. Initial instalment order. 6. Judgment creditor or debtor may apply for instalment order. 7. Instalment agreements. 8. Judgment creditor or debtor may apply for variation or cancellation of an instalment order. 9. Instalment order to stay enforcement of Judgment . 10. Making of further instalment orders. 11. Agreement outside this Act for payment of Judgment debt . 12. No instalment order if Judgment debtor is pensioner, &c. PART III. EXAMINATIONS 13. Oral examination.

2 14. Procedure for oral examinations. 15. Conduct of oral examinations. 16. Production of documents. PART IV. ENFORCEMENT OF ] NSTALMENT ORDERS 17. Defaults in payment of instalments. 18. Instalment order may be confirmed, varied or cancelled. 19. Persistent wilful default. PART V. GENERAL 20. Costs. 21. Notices. 22. Rules. PART VI. AMENDMENTS AND TRANSITIONAL PROVISIONS 23. Amendment of the Imprisonment of Fraudulent Debtors Act 1958. 24. Proceedings under the Imprisonment of Fraudulent Debtors Act 1958. 25. Orders under the Imprisonment of Fraudulent Debtors Act 1958. 26. Appeals under the Imprisonment of Fraudulent Debtors Act 1958. 27.

3 Amendment of the Supreme Court Act 1958. 28. Amendment of the Magistrates (Summary Proceedings) Act 1975. By Authority F D Atkinson Government Printer Melbourne 185 ANNO TRICES IMO TERTIO ELIZABETHAE SECUNDAE REGINAE VICTORIA Judgment debt Recovery Act 1984 No. 10063 An Act to provide for the Recovery of Judgment debts by instalments, to amend the Imprisonment of Fraudulent Debtors Act 1958, the Supreme Court Act 1958 and the Magistrates (Summary Proceedings) Act 1975, and for other purposes. [Assented to 15 May 1984] BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):''.

4 ' PART I. PRELIMINARY 1. This Act may be cited as the Judgment debt Recovery Act 1984. < * 2. This Act shall come into operation on a day to be fixed by commencement proclamation of the Governor in Council published in the Government Gazette. 3. In this Act, unless inconsistent with the context or subject- inteipretation. matter "Action" means a civil suit action or proceeding. "Court" means the Supreme Court, County Court or a "Cou ." magistrates' court. 187 2 1984 Judgment debt Recovery No. 10063 "Instalment order." " Judgment ." " Judgment creditor." " Judgment debt ." " Judgment debtor.

5 " "Prescribed." "Proper officer of the court." "Instalment order" means an order made under this Act that a Judgment debt be paid by instalments and where such an order has been varied under this Act means the order as so varied. " Judgment " means a Judgment or order for the Recovery or payment of money made or given by a court in an action. " Judgment creditor" means the person entitled to enforce or obtain execution of a Judgment . " Judgment debt " means the amount of money recoverable or payable under and in respect of a Judgment . " Judgment debtor" means the person liable under a Judgment . "Prescribed" means prescribed by the rules of the relevant court. "Proper officer of the court" means (a) in relation to the Supreme Court, such officer or officers of the Supreme Court as is or are prescribed in relation to the provisions of this Act in question of the Supreme Court; (b) in relation to the County Court, the registrar, deputy registrar or an assistant registrar of the County Court; and (c) in relation to a magistrates' court, the clerk or deputy clerk of the magistrates' court.

6 Application. 4. xhis Act applies to and in relation to any Judgment made or given before or after the commencement of this Act. Initial instalment order. PART II. INSTALMENT ORDERS 5. (1) A court, in giving Judgment , may of its motion or on the application of a party order that the Judgment debt be paid by instalments. (2) An order under sub-section (1) shall specify the amount of each instalment payable and the times at which instalments shall be paid. Judgment creditor or debtor may apply for instalment order. 6. (1) A Judgment creditor or Judgment debtor may at any time after Judgment is given apply to the proper officer of the court (a) where an instalment order has not been made under section 5, for an order that the Judgment debt or the balance of the Judgment debt then owing to the Judgment creditor be paid by instalments; or (b) where an instalment order has been made under section 5, for another instalment order in substitution for the order under section 5.

7 188 1984 Judgment debt Recovery No. 10063 (2) An application under sub-section (1) shall (a) be in or to the effect of the prescribed form; (b) specify the amount of the Judgment debt then owing to the Judgment creditor; and (c) specify the amount of each instalment proposed to be paid and the times at which instalments are proposed to be paid. (3) Subject to and in accordance with the rules, the proper officer of the court may without notice to the Judgment creditor or Judgment debtor and whether or not the Judgment creditor or Judgment debtor is before the proper officer-fa) order that the Judgment debt or the balance of the Judgment debt then owing to the Judgment creditor be paid by the instalments and at the times specified in the application; or (b) refuse to make such an order.

8 (4) The proper officer of the court shall cause the Judgment debtor and Judgment creditor to be notified of an order or refusal to make an order under sub-section (3). (5) A Judgment creditor or Judgment debtor may within the prescribed period after receiving notice under sub-section (4) file with the proper officer of the court notice of objection and the proper officer shall set the matter down for hearing by the court. (6) The proper officer of the court shall cause the Judgment debtor and Judgment creditor to be notified of the time and place of the hearing. (7) The court may (a) where the proper officer has refused to make an order under sub-section (3) (i) order that the Judgment debt or the balance of the Judgment debt then owing to the Judgment creditor be paid by the instalments and at the times specified in the order; or (ii) refuse to make such an order; or {b) where notice of objection to the order under sub-section (3) (a) has been filed under sub-section (5), confirm vary or cancel the order of the proper officer of the court and shall cause the Judgment creditor and the Judgment debtor to be notified accordingly.}

9 (8) Where an application under sub-section (1) is made (a) the applicant shall serve a copy of the application on the Judgment creditor or Judgment debtor (as the case may be); and (b) from the time of service the application shall operate as a stay of enforcement or execution of the Judgment in respect 189 4 1984 Judgment debt Recovery No. 10063 of which the application is made until the proper officer of the court or the court (as the case requires) deals with the matter. (9) Where a Judgment debtor has applied under this section for an instalment order and the proper officer of the court or the court (as the case may be) has refused to make the instalment order, the Judgment debtor may not make another application under this section within three months after that refusal.

10 7. (1) A Judgment debtor or a Judgment creditor may at any time after Judgment is given file with the proper officer of the court an instalment agreement entered into by the Judgment debtor and the Judgment creditor. (2) An instalment agreement shall (a) be in or to the effect of the prescribed form; (b) be executed in the prescribed manner; (c) specify the amount of the Judgment debt then owing to the Judgment creditor; (d) specify the amount of each instalment proposed to be paid and the times at which the instalments are proposed to be paid in satisfaction of the amount of the Judgment debt so specified; and (e) contain an undertaking by the Judgment debtor to pay the Judgment creditor the amount of the Judgment debt so specified by the instalments and at the times so specified.