NSW UCPR [Form 50] Notice of Motion ➲ Objection to Instalment Order or Order Refusing Instalment Order

When is a NSW UCPR [Form 50] Notice of Motion ➲ Objection to Instalment Order or Order Refusing Instalment Order used?

See UCPR 37.3 (Registrar) & UCPR 37.4 (Court) for more information.

If the Applicant for an Installment Order wishes to object to the Order or Refusal to Grant the Order, the Applicant MUST within 14 days of the order being made prepare and file:

⚖️ This [Form 50] Notice of Motion ➲ Objection to Instalment Order or Order Refusing Instalment Order.

37.3 Instalment order made by registrar

(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, ...

37.4 Instalment order made by court

(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.

Notice of Motion ➲ Overview

Unless the Uniform Civil Procedures Rules (NSW) 2005 (UCPR) provide otherwise, you MUST prepare a Notice of Motion if you are making an interlocutory or other application in the proceedings (see UCPR 18.1).

The courts receive large numbers of some types of applications (e.g. an application for default judgment on a liquidated claim).

The Uniform Rules Committee has approved specific forms for the more common types of Notice of Motion.

You MUST use the specific form if one has been approved for the type of application you are making to the court.

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;

✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;

✅ This Notice of Motion is normally an application dealt with by the Registrar under  UCPR 37.3 (but if made during a hearing before the Court is to be dealt with by the Court under UCPR 37.4) who will decide to grant or refuse the application.

‍Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.

Contents of the Notice of Motion

See UCPR 18.3 for more information about how to describe the persons who are filing or who are affected by a Notice of Motion.

No Filing Fee

Schedule 1 of the Civil Procedure Regulation 2017 (NSW) sets out the amount the Court charges for filing a Notice of Motion.

Supreme Court

As at 1 July, 2023 the NSW Supreme Court website states that there are no filing fees for a Notice of Motion for Instalment Orders.

Service Requirements

See UCPR 18.2, 18.4 and 18.5 for more information about how and when to serve a Notice of Motion.

Unless the court orders otherwise, a Notice of Motion MUST be served at least 3 clear business days before the hearing date of the motion.

You MUST include the following information if the court orders that the Notice of Motion has to be served by a particular time.

You MUST include the street address, postal address and telephone number of the court registry.

You should copy the registry street address, postal address and telephone number from the statement of claim or summons, or

If relevant, include details of the street address, postal address and telephone number of the registry where the court has transferred the proceedings.

Legal Advice Recommended

The type of Notice of Motion you are filing with the NSW Courts will determine whether a specific UCPR form is required to be filed, and what documents are required to be filed in support.

In short, due to the complexities involved in determining which form of Notice of Motion to use, together with the crucial importance of getting the details of the motion and supporting documentation right to the success of your motion:

➲ We recommend you contact our legal team to obtain legal advice and guidance regarding which:

⚖️ Forms are required due to the type of Notice of Motion is being made; and which

⚖️ NSW Courts Practice Note (if any) applies; and accordingly which

⚖️ Documents MUST or may be filed in support of your Notice of Motion.

Important Note:

The Applicant filing this Form is required to serve a copy of the filed Form together with all other filed documents on all affected parties.