---
title: "Application for an instalment order (Magistrates' Court Form 61A)"
url: "https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-vic-mcv-61a-instalment-order"
type: "precedent"
site: "AI Law Framework"
id: "a46-form-vic-mcv-61a-instalment-order"
area_id: "A46"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A46-A20260923-2", "A46-X20260927-4"]
law_stated_as_at: "2026-10-22"
---

# Application for an instalment order (Magistrates' Court Form 61A)

> Link to Magistrates' Court Form 61A. A debtor or a creditor may apply. A debtor whose only income is Centrelink cannot be forced onto an instalment order.

Canonical page: https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-vic-mcv-61a-instalment-order  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Debt Recovery & Civil Enforcement](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement.md)
- Jurisdictions: Victoria
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the official form at mcv.vic.gov.au and the 3 authorities it cites, for Victoria.

## When to use it

Use when a Magistrates' Court judgment is to be paid by weekly, fortnightly or monthly instalments. A debtor also files Form 61B or Form 61C. A creditor serves a blank Form 61B or Form 61C. Either party may object on Form 61D within 14 days of the registrar's outcome.

## Used for these tasks

- [Draft an instalment or settlement agreement from the approved terms](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/draft-an-instalment-or-settlement-agreement-from-the-approved-terms.md)
- [Build the debtor's means and asset picture before choosing an enforcement step](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/build-the-debtor-s-means-and-asset-picture-before-choosing-an-enforcemen.md)

## How AI may be used

AI may check the draft against the current official form and list what is missing; the lawyer settles every statement that will be filed and signs or lodges the form.

**AI may:**

- Check the draft is the current version of the form and list every blank field or missing attachment
- Index the documents on the file that the form calls for, with date and author
- Turn the court's published filing and service steps into a checklist for this matter

**AI must not:**

- Must not write allegations, grounds, orders or figures in words that will be filed
- Must not decide jurisdiction, standing or whether a time limit has been met
- Must not sign, lodge or serve the form
- Must not draft, outline or settle an affidavit, witness statement or other sworn text

**The lawyer checks:**

- Form 61A is the court application, separate from a private settlement agreement
- A debtor files Form 61B (individual) or Form 61C (officer of a corporation)
- A creditor serves a blank Form 61B or Form 61C as well as the application
- Form 61D, if used, is filed within 14 days of receiving the registrar's outcome

## Authorities

- [Magistrates' Court of Victoria, Instalment order](https://www.mcv.vic.gov.au/civil-matters/enforcement-civil-debt/instalment-order)
- [Magistrates' Court of Victoria, Form 61A](https://www.mcv.vic.gov.au/form-finder/application-instalment-order-form-61a)
- [Magistrates' Court of Victoria, Form 61D](https://www.mcv.vic.gov.au/form-finder/notice-objection-form-61d)

## Official form

[Official form](https://www.mcv.vic.gov.au/civil-matters/enforcement-civil-debt/instalment-order)

## Where this comes from

The official form is published by mcv.vic.gov.au; this page is a completion guide. Last checked on 2026-10-22.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-vic-mcv-61a-instalment-order and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*
