Suspension orders - Car crashes
The judgment debtor may apply for an order suspending the enforcement of all or part of the judgment.
The application must be made to the court that gave the judgment.
Warning
Suspension orders are difficult to get. If you are unsuccessful in your application you may have to pay the judgment creditor’s costs.
How to apply for a suspension order
To apply for a suspension order you will need to fill in and lodge:
- a Form 9 Application for a Suspension Order, and
- an affidavit in support.
When the court will grant a suspension order
The court may only grant a suspension order if there are ‘special circumstances’ for doing so. These are circumstances that are out of the ordinary, such as: a judgment debtor needing seized property for transport to appointments for a serious medical condition, or living in a remote area with no public transport.
A suspension order may be made for any period. The court may also make orders about costs and any other matter that is necessary.
While a suspension order is in place, the enforcement of the judgment is suspended to the extent stated in the order.