Rules of the Supreme Court of the Australian Capital Territory (Amendment) (Cth)

Statutory Rules

1974 No. 25

RULES OF COURT OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY.*

Pursuant to the Australian Capital Territory Supreme Court Act 1933-1973, IT IS ORDERED that the Rules of the Supreme Court of the Australian Capital Territory be amended, as follows:—

Payment into Court.

1. Order 26 rule 1 is amended by adding at the end thereof the following sub-rules:—

“(4) A defendant may, except under the defence of tender before action, lodge with the Registrar a bond in accordance with Form 19a in the First Schedule given by—

(i) an authorized insurer under the Motor Traffic Ordinance 1936 or that Ordinance as amended or the Nominal Defendant appointed under that Ordinance; or

(ii) a licenced or approved insurer under the Workmen’s Compensation Ordinance 1951 or that Ordinance as amended; or

(iii) a corporation approved by the Registrar,

under the seal of that insurer or corporation, or under the seal of the manager or other officer thereof whose general or special authority in writing so to act given under the seal of that insurer or corporation has been filed in the Registry of the Supreme Court, The authority may be in accordance with Form 19b in the First Schedule, and it shall have force and effect and bind the insurer or corporation until notice of revocation has been filed in the Registry. These rules shall then apply as if the defendant had paid money into Court.

“(5) A defendant who has paid money into Court in accordance with the preceding sub-rules may without leave make further payments increasing the sum paid in by him.”.

Plaintiff may take out money.

2. Order 26, rule 2 is amended—

(a) by omitting from sub-rule (1) the word “seven” and substituting the word “fourteen”;

(b) by inserting in that sub-rule, after the word “Court,” (second occurring), the words “or, where more than one payment has been made, within fourteen days after receipt of the notice of the last payment,”; and

(c) by inserting after sub-rule (1) the following sub-rule:—

“(1a) Within fourteen days after receipt of a notice of acceptance pursuant to the preceding sub-rule, a defendant who has made a payment into Court by bond shall pay into Court the amount of the bond. If the defendant fails to make such payment he shall not be entitled to any advantage under the rules by reason of his payment into Court and the party who gave the acceptance may either withdraw that acceptance by a further notice or require the Registrar to assign and deliver to him the bond for the purpose of enforcement.”.

  

* Notified in the Australian Government Gazette on 8 March 1974.

  Statutory Rules 1937, No. 85, as amended by Statutory Rules 1938, No. 99; 1939, Nos. 48 and 61; 1950, No. 22; 1956, No. 135; 1958, No. 64; 1962, Nos. 47 and 76; 1966, No. 132; 1967, No. 68; 1968, No. 13; 1969, Nos. 57, 66, 221 and 222; 1972, No. 189; and 1973, Nos. 95 and 149.

Non-disclosure of payment into Court.

3. Order 26 rule 6 is amended by omitting all the words from and including the words “, but the Judge shall” and substituting the following words:—

“In exercising his discretion as to costs, the Judge shall take into account the fact that money has been paid into Court, and the amount of such payment, but shall also take into account all other relevant circumstances.”.

Money recovered by infant or person of unsound mind.

4. Order 26 rule 9 is amended by omitting sub-rule (7) and substituting the following sub-rule:—

“(7) Where the Court or Judge has not made an order under this rule for the investment of all the money paid into Court, the Registrar shall, on behalf of the infant or person of unsound mind, invest the money remaining in Court in respect of which an order has not been made in one or more of the securities in which a trustee is authorized by legislation in force in the Australian Capital Territory to invest trust funds. In making an investment on the security of a mortgage of land the Registrar will observe the limitations and restrictions governing such an investment by a trustee under that legislation.”.

First Schedule.

5. The First Schedule is amended by inserting after Form 19 the following Forms:—

“Form 19a.

BOND BY AN INSURER

(Heading as in Form 1)

BY THIS DEED of

is held and firmly bound to the Registrar of the Supreme Court of the Australian Capital Territory his successors and assigns for the sum of $ of lawful money of Australia to be paid to the said Registrar, his successors and assigns, for the due payment whereof the said binds itself.

DATED this day of 19

The Common Seal of

was hereunto affixed this day of

19 in the presence of:—

CONDITIONS

(a) If the said within seven days after due acceptance of the amount of this Bond under Rule 2 of Order 26 of the Rules of the Supreme Court pays into Court the amount of this Bond;

(b) If the Court or Judge shall order the discharge thereof; or

(c) If a consent to the discharge thereof signed by or on behalf of all the parties to the action is filed in the Office of the Registrar,

then this obligation shall be void and of no effect but otherwise shall remain in full force and effect.

“Form 19b.

AUTHORITY TO EXECUTE BOND

(Heading as in Form 1)

BY THIS DEED of

being an authorized insurer under the Motor Traffic Ordinance 1936 or that Ordinance as amended (or as the case may be) authorizes being the manager (or as the case may be) of the said corporation to give one or more bonds in or to the effect of the form contained in Form 19a in the First Schedule to the Rules of the Supreme Court of the Australian Capital

Territory for and on behalf of the said in any action in the Court (OR in suit No. S.C. /19  between and ) and it is acknowledged that this authority shall be of full force and effect and binding until notice of its revocation has been filed in the Registry of the Court.

The Common Seal of the said

was hereunto affixed this day of

19 in the presence of:—

DATED this first day of March, 1974.

R. W. FOX

R. A. BLACKBURN

XAVIER CONNOR

Judges of the Supreme Court of the Australian Capital Territory.

Z. HARTSTEIN

Registrar.