Variation Application

An application to the court to change the terms of an existing order, typically to vary the rate of instalment payments on a judgement debt. A debtor whose circumstances have changed (through job loss, illness, or increased essential expenses) can apply to reduce the instalment amount.

In practice

The debtor completes a statement of means and files it with the court along with the variation application. The creditor is given the opportunity to agree or object. If the creditor objects, the matter is listed for a hearing. Courts will vary the order where the debtor demonstrates a genuine change of circumstances. A creditor can also apply to vary the order upwards if the debtor's means have improved.