Legislation for halting givernment debt while legal challenge?

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Danman132

Active Member
1 March 2021
7
0
31
Would anybody know what piece of legislation is used to justify the halting of all debt or fines to be paid to the government while a legal challenge is going on?

Any references would be much appreciated.
Thanks
 

Docupedia

Well-Known Member
7 October 2020
179
15
454
Do you mean that the legal challenge is in respect to the debt/fines? If so, you're looking for what is called a 'stay' and you'll need to check the court/tribunal act and rules to see where and how they may give one. You would need to make specific application for it within your 'appeal' application.

If the challenge isn't related to the debt/fines then you're likely looking for whatever hardship mechanisms they have available.
 

Danman132

Active Member
1 March 2021
7
0
31
It's in relation to covid19 quarantine payments.Despite the fact that I'm taking legal action and it's waiting to go to court they are telling me they want their money now. The government.
How can I put a stay on this payment?
There must be a legal way of doing this?
 

Docupedia

Well-Known Member
7 October 2020
179
15
454
Taking a matter to court does not halt a statutory fee or charge. Since it's not from an existing court decision, a stay is unlikely to be available to you.

You could find whatever mechanisms are available in your state along the lines of waiver/hardship. For example, here is Queensland's: Quarantine fees and payment

Alternatively, your options are probably along the lines of:
- Write to them and ask if they will not take action to enforce the debt until the application is dealt with;
- Apply to the court for an interim injunction to stop them from taking action until your application is determined - I do not suggest that this is a 'do it yourself' proposition in any way; or
- Refuse to pay it, wait to see if they take action against you, and then seek to join the two actions together.
 
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Danman132

Active Member
1 March 2021
7
0
31
Taking a matter to court does not halt a statutory fee or charge. Since it's not from an existing court decision, a stay is unlikely to be available to you.

You could find whatever mechanisms are available in your state along the lines of waiver/hardship. For example, here is Queensland's: Quarantine fees and payment

Alternatively, your options are probably along the lines of:
- Write to them and ask if they will not take action to enforce the debt until the application is dealt with;
- Apply to the court for an interim injunction to stop them from taking action until your application is determined - I do not suggest that this is a 'do it yourself' proposition in any way; or
- Refuse to pay it, wait to see if they take action against you, and then seek to join the two actions together.
Thank you for taking the time to answer this for me. Much appreciated!