How to apply for an instalment order in the County Court of Victoria

You will need to complete a Form 61A – Application to Registrar for Order for Payment of Judgement Debt by Instalments. This document must contain the following information:

• the total amount of money that still needs to be paid under the debt
• the amount to be paid in each instalment
• the frequency of instalments (for example, every month)
• when the instalments will start
• the ‘grounds’ for the application, stating the reasons why you are making the application and why you cannot pay the debt in a lump sum
• the address for you and the person or company to whom you owe the money
• a Form 72C – Affidavit of Financial Circumstances. An affidavit is a serious legal document used as evidence in Court. It must be made by one person in the presence of an authorised affidavit taker. By signing it, you agree that the information is true. It is a criminal offence to knowingly make an untrue statement in an affidavit. This affidavit must set out in full: your income, property and assets, debts, liabilities, and other financial obligations.

Common reasons for applications being refused include:

• the instalment amount doesn’t cover the penalty interest portion of an order. You should make sure you are aware of the current penalty interest rate and factor this into your application.
• the applicant has other assets (things you own) which could be sold off to pay off the debt. Ensure you consider your true financial position in proposing an order.
• the offer is unrealistic because the debt will take too long to pay off. 

After you have completed the application and the affidavit of financial circumstances, you need to “serve” the documents by sending or delivering a copy of them to the other party. It must be served on the other party before it will be accepted by the Court. You can then complete the Affidavit of Service which is included in the Form 61A application. 

Please read the following documents carefully, as they provide important information and guidance on how to effect service:

• Order 6 – County Court Civil Procedure Rules 2018 (Vic)
• County Court of Victoria’s information for serving documents

You can file your documents in person at the County Court or by email at commercial.registry@countycourt.vic.gov.au

There is a filing fee associated with the application, which you can find at the County Court fee table. If you want to apply to the Court to waive (not charge) the fee, you will need to complete and file a Fee Waiver Application.

A Registrar at Court will make a decision based on the documents you have submitted, and then notify you and the judgement creditor of the outcome. You do not need to attend a hearing for your application at this stage. 

If you or the judgement creditor do not agree with the decision, you can file a notice of objection. The notice of objection must be filed within 14 days of the decision being made. The Court will then list a hearing before a Judge or Judicial Registrar and notify you of the date and time.

At the hearing, the Court will make a decision about the instalment order. If an instalment order was made before the hearing, the Court will decide whether to keep it the same, change it or remove it altogether. If an instalment order was refused before the hearing, the Court will decide whether or not it should make an instalment order.