Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 June 2020 at 11:44)
Part 37
Part 37 Time to pay and payment by instalments
37.1   Instalments under Fines Act 1996
This Part does not apply to a fine in relation to which enforcement action is being taken under Division 4 of Part 4 of the Fines Act 1996.
Note.
 The Fines Act 1996 has its own regime for the payment of fines by instalments.
37.1A   Instalment order made pursuant to agreement between judgment creditor and judgment debtor
(cf DCR Part 31A, rule 2; LCR Part 27, rule 2)
(1)  A judgment creditor and judgment debtor may enter into an agreement (an instalment agreement)—
(a)  specifying the amount agreed by them to be owing under the judgment debt, and
(b)  specifying by what instalments, payable at what times, that amount is to be paid.
(2)  An instalment agreement may be entered into whether or not an instalment order is already in force in respect of the judgment debt.
(3)  An instalment agreement may be entered into on behalf of a judgment creditor or judgment debtor by his or her solicitor or barrister.
(4)  An instalment agreement has no effect for the purposes of this rule unless the signature of each person executing it (other than a solicitor or barrister) is witnessed by a registrar or other officer of the court or by a solicitor or barrister.
(5)  As soon as practicable after an instalment agreement is filed, the court must make an instalment order that gives effect to the agreement.
37.2   Application for instalment order by judgment debtor
(cf DCR Part 31A, rule 2; LCR Part 27, rule 2)
(1)  A judgment debtor may apply to the court for an instalment order with respect to the amount owing under the judgment debt.
(2)  Such an application—
(a)  may be made whether or not some other instalment order is in force in relation to the judgment debt, and
(b)  must be supported by an affidavit as to the judgment debtor’s financial circumstances, and
(c)  must be dealt with as soon as practicable after it is made.
(3)  An application under this rule—
(a)  except as provided by paragraph (b), is to be dealt with by the registrar under rule 37.3, or
(b)  if it is made during a hearing before the court, is to be dealt with by the court under rule 37.4.
(4)  Notice of motion of an application under this rule does not have to be filed or served if the application is made during the hearing at which the judgment debtor is being examined pursuant to an order for examination.
(5)    (Repealed)
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.
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.
37.4A   Payment of instalments under instalment order
(1)  Unless the court for special reasons orders otherwise, the judgment debtor must pay the amounts under an instalment order to the judgment creditor.
(2)  This rule does not apply to money recovered on behalf of a person under legal incapacity.
Note.
 The payment of money recovered on behalf of a person under legal incapacity is regulated by section 77 of the Civil Procedure Act 2005.
37.5   Stay of execution pending determination of application for instalment order
(1)  Execution of the judgment to which an application for an instalment order relates is stayed—
(a)  from the time the application is made until the time the application is determined, and
(b)  if the application is refused by an order under rule 37.3(1)(b) and an objection against the order is filed under rule 37.3(3), from the time the objection is filed until the time the objection is determined.
(2)  Subrule (1) does not apply if the applicant has previously made an application under this rule with respect to the same judgment debt.
Note.
 See also section 107(2) of the Civil Procedure Act 2005 which provides for stay of execution of the judgment while an instalment order is in force.
37.6   Variation or rescission of instalment order on proof of improvement in judgment debtor’s financial circumstances
(cf DCR Part 31A, rule 3; LCR Part 27, rule 3)
(1)  A judgment creditor may apply to the court for the variation or rescission of an instalment order.
(2)  Such an application must be supported by an affidavit as to the judgment debtor’s financial circumstances, indicating the extent to which they appear to have improved since the instalment order was made.
(3)  On receiving the application, the registrar—
(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.
(4)  The court may determine the application—
(a)  by varying or rescinding the instalment order to which it relates, or
(b)  by dismissing the application.
(5)  As soon as practicable after making its determination, the court must give notice of the determination and, if it varies the instalment order, of the terms of the order as varied—
(a)  to the judgment creditor and the judgment debtor, and
(b)  if the determination relates to an instalment order to which a garnishee order is subject, to the garnishee.
37.7   Effect of instalment order on judgment debt
(cf DCR Part 31A, rule 3; LCR Part 27, rule 3)
Subject to any agreement referred to in rule 37.1A, an instalment order ceases to have effect if the judgment debtor fails to comply with the order.