Application for a Civil Instalment Order FAQ

 An Order for the payment of monies is made by the Court

This FAQ is a guide only. Contact the Magistrates' Court where your matter is listed or your nearest court.  Contact details for all Victorian Magistrates' Courts are available under Contact Us, which is available from the top naviagational menu.

 

In the instance where the creditor is the applicant of the instalment order.

In the instance where the debtor is the applicant of the instalment order.

Complete the following (at least two copies):

Complete the following forms (at least two copies):

Server a copy of :

on the other party or their solicitors.

Serve a copy of both documents on the other party, or their solicitors.

Complete a:

detailing how the documents were served on the other party, and have the Affidavit sworn.


Complete a:

detailing how the documents were served on the other party, and have the Affidavit sworn.

File with the Court the:

  • Application for Instalment Order - Form 61A
  • Affidavit of Service
  • Filing fee.

 

File with the Court the:

  • Application for Instalment Order - Form 61A,  
  • Statement of Financial Affairs - Individual - Form 61B or
  • Statement of Financial Affairs - Corporation - Form 61C
  • Affidavit of Service.

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The registrar will consider the application and the statement of affairs, which may have been filed by the debtor, usually within 7 days.

The registrar will consider the application (usually within 7 days) and advise you of the outcome of your application.

You will receive a notice by mail advising if your Application has been Granted or Refused.

If the application is granted, you will receive an order advising of the payment frequency, amounts and who the money is to be paid to.

If the application is refused and you disagree with the registrar's decision,  you can file a:

and the application will be reconsidered by a magistrate in open court.

You will be sent a notice of the hearing date and you will be expected to attend that hearing in support of your application.

  • The Respondent may also object to any Order of the Registrar

If the application is refused and you disagree with the registrar's decision, you can file a

and the application will be reconsidered by a magistrate in open court.

You will be sent a notice of the hearing date and you will be expected to attend that hearing in support of your application.

  • The Respondent may also object to any Order of the Registrar