Rules of the Supreme Court of the Australian Capital Territory (Amendment) (Cth)
WE,
Judges appointed under subsection 7 (1) of the
Dated 13 June 1990.
JEFFREY MILES
Chief Justice
J. KELLY
Judge
J. F. GALLOP
Judge
J. CIRCOSTA
Acting Registrar
—————
“(4a) A defendant may, instead of paying into Court a sum of money or lodging with the Registrar a bond in accordance with the preceding subrule, lodge with the Registrar a security, which is satisfactory to the Registrar, securing payment of the sum to the Registrar in the event that the plaintiff accepts, pursuant to rule 2 of this Order, the sum secured in satisfaction of the claim.
“(4b) Where the Registrar has accepted a security under the preceding subrule, these rules shall then apply as if the defendant had paid money into Court.”.
“(6) For the purposes of this Order, the plaintiffs claim or cause of action in respect of a debt or damages shall be construed as a claim or cause of action in respect, also, of such interest as might be included in the judgment, whether under section 53aof the Act or otherwise, if judgment were given at the date of the payment into Court.”.
“1a. Where a defendant, who makes by counterclaim a claim against the plaintiff for a debt or damages, pays a sum of money into Court under rule 1 of this Order, the notice of payment into Court must state, if it be the case, that in making the payment the defendant has taken into account and intends to dispose of:
(a) the cause of action in respect of which he claims; or
(b) where two or more causes of action are joined in the counterclaim, all those causes of action or, if not all, which of them.”.
(a) by omitting from subrule (1a) “bond shall pay into Court the amount of the bond” and substituting “bond or other security shall pay into Court the amount of the bond or security”;
(b) by inserting in subrule (1a) after “bond” (last appearing) “or security”;
(c) by adding at the end the following subrule:“(6) Where money is paid into Court by a defendant who made a counterclaim and the notice of payment into Court
stated, in relation to any sum so paid, that in making the payment the defendant had taken into account and intended to dispose of the cause or causes of action, or the specified cause or causes of action in respect of which he claimed, then, on the plaintiff accepting that sum, all further proceedings on the counterclaim or in respect of the specified cause or causes of action, as the case may be, against the plaintiff shall be stayed.”.
(a) by inserting “or the Australian Capital Territory” after “Commonwealth of Australia”;
(b) by inserting “or the Government Solicitor for the Australian Capital Territory, respectively” after “Australian Government Solicitor”.
“1. Subject to rule 2 of this Order, the rate of interest fixed for the purpose of section 54 of the Act is 20% per annum.
“2. In respect of a judgment entered before 1 July 1990:
(a) the rate of interest fixed in respect of the period commencing on the date on which the judgment was entered and ending at the expiration of 30 April 1986 is:
(i) in respect of a judgment entered before 1 October 1977 —5% per annum; and
(ii) in respect of a judgment entered on or after 1 October 1977—10% per annum; and
(b) the rate of interest fixed in respect of the period commencing on 1 May 1986 and ending at the expiration of 30 June 1990 is 15% per annum.”.
“59a. An applicant for an order that the registration of a company be reinstated under subsection 459 (6) of the Companies Act shall serve a copy of the summons on the Commission not later than 7 days before the date fixed for hearing the application.”.
1. Notified in the
Commonwealth of Australia Gazette on 25 June 1990.2. Statutory Rules 1937 No. 85 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1990 No. 2 andsee also
0
0
0