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20 March 2020

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New South Wales


Litigation – Instalment orders, default and enforcement

I act for a judgment creditor. The court made an order for the judgment debt to be paid by instalments, but the judgment debtor has defaulted. What can my client do? Should we relist the matter, or can we proceed to enforcement?


Thank you for the question.

An instalment order in the Local Court ceases to have effect if the judgment debtor fails to comply with the order: r 37.7 Uniform Civil Procedure Rules 2005 (NSW).

Subject to any specific terms in either the existing court orders or any instalment agreement between the parties upon which such orders were based, which provide for what happens in the event of default, then all enforcement options are available.