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See UCPR 37.3 (Registrar) & UCPR 37.4 (Court) for more information.
After considering the Application for an installment Order, the Registrar or the Court will issue:
⚖️ A [Form 48] to advise the parties of a decision to grant an Application for an Instalment Order by an Individual using [Form 46] or Corporation using [Form 47]; or
⚖️ This [Form 49] to advise the parties of a decision to refuse the Application.
(1) The registrar may deal with an application for an instalment order--(a) by making an instalment order in relation to the amount owing under the judgment debt, or
(b) by making an order refusing the application.
(2) As soon as practicable after making an instalment order under this rule, the registrar--(a) must give notice of the order to the judgment creditor and the judgment debtor, and
(b) must also give to the judgment creditor a copy of the affidavit referred to in rule 37.2(2)(b).
(3) Either party may file an objection to an order made under subrule (1)(a) or (b) at any time within 14 days after the order is made.
Alternatively, ...
(cf DCR Part 31A, rule 2; LCR Part 27, rule 2)
(1) This rule applies if the court is dealing with--
(a) an application for an instalment order pursuant to rule 37.2(3)(b), or
(b) an objection against an order made under rule 37.3(1)(a) or (b).
(2) On receiving the application or objection, the court--
(a) must set the matter down for hearing, and
(b) must give notice of the time, date and place of the hearing to the judgment creditor and the judgment debtor, and
(c) if it has not already been done, must also give to the judgment creditor a copy of the affidavit referred to in rule 37.2(2)(b).
(3) The court may determine an application for an instalment order, or an objection against an order refusing such an application--
(a) by making an instalment order in relation to the amount owing under the judgment debt, or
(b) by dismissing the application.
(4) The court may determine an objection against the making of an instalment order--
(a) by varying or rescinding the instalment order, or
(b) by dismissing the objection.
(5) As soon as practicable after making its determination, the court must give notice of the determination, and (if it makes or varies an instalment order) of the terms of the order or the order as varied, to the judgment creditor and the judgment debtor.
✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005.
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