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

Legislation au C1974L00025 CourtRules Not in force Legislative Instrument

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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.

Overview

The Statutory Rules 1974 No. 25, known as the Rules of Court of the Supreme Court of the Australian Capital Territory, was enacted in 1974 to amend existing rules governing payments into court, specifically focusing on the processes and requirements for defendants to lodge bonds as an alternative to paying money directly into court. The enactment was pursuant to the Australian Capital Territory Supreme Court Act 1933-1973. The rules were introduced to address procedural gaps and streamline the court processes, particularly concerning the handling of payments and bonds in lieu of direct monetary payments into court. The policy objective of these amendments was to provide flexibility and efficiency in the court processes by allowing defendants to lodge bonds from authorised insurers or corporations, thereby offering an alternative to direct cash payments into court. This legislative instrument was enacted by the Parliament of the Australian Capital Territory, reflecting a legislative intent to enhance the procedural mechanisms within the Supreme Court of the Australian Capital Territory.

Scope and Application

The legislative instrument titled "Rules of Court of the Supreme Court of the Australian Capital Territory" pertains to the procedures and requirements for the payment of sums into court by defendants, particularly within the jurisdiction of the Australian Capital Territory Supreme Court. These rules apply to defendants who are parties to legal proceedings before the Supreme Court of the Australian Capital Territory. They provide specific provisions regarding the types of bonds that can be lodged with the Registrar, such as bonds from authorized insurers under the Motor Traffic Ordinance or Workmen’s Compensation Ordinance, or from corporations approved by the Registrar. The instrument also outlines the process for increasing sums paid into court, the timeframes for plaintiffs to take out money paid into court, and the conditions under which bonds are discharged. Additionally, it specifies the period within which a defendant must pay the amount of a bond into the court after acceptance by the plaintiff and mandates that the court consider the amount paid into court when determining costs. The instrument also addresses the investment of money paid into court on behalf of infants or persons of unsound mind. The instrument extends its application through subordinate instruments, which may further detail the execution of bonds and the authorities to execute such bonds.

Key Provisions

The Statutory Rules 1974 No. 25, amending the Rules of the Supreme Court of the Australian Capital Territory, introduce several changes primarily concerning payment into Court by defendants, the timeframes for plaintiff withdrawals, and the treatment of money paid into Court by infants or persons of unsound mind. The main operative sections of this legislative instrument include amendments to Order 26, which deals with payments into Court, and to Order 26 rule 9, which addresses the investment of money on behalf of infants or persons of unsound mind. Specifically, Order 26 rule 1(4) allows a defendant to lodge a bond with the Registrar, while rule 2(1a) requires the defendant to pay the bond amount into Court within fourteen days of receiving a notice of acceptance. Order 26 rule 6 directs the Judge to consider the payment into Court when determining costs, and Order 26 rule 9(7) mandates that the Registrar invest any uninvested money on behalf of an infant or person of unsound mind. These amendments impose certain obligations on the parties involved. For instance, defendants who lodge a bond with the Registrar must ensure it is executed by an authorized insurer or approved corporation and that the appropriate authority is filed with the Registry. Additionally, defendants must pay the bond amount into Court within fourteen days of receiving a notice of acceptance, or they forfeit any advantages derived from their initial payment. The Registrar, in turn, must invest any uninvested money on behalf of an infant or person of unsound mind in accordance with relevant legislation. Failure to comply with these provisions can result in civil consequences. For example, a defendant who fails to pay the bond amount into Court within the stipulated timeframe may lose any benefits derived from their initial payment, and the plaintiff may either withdraw their acceptance or require the Registrar to assign and deliver the bond for enforcement. Similarly, if the Court or Judge has not made an order for the investment of money paid into Court, the Registrar must invest the remaining money in accordance with applicable legislation. These amendments ensure that the payment into Court process is transparent and that the interests of all parties, especially vulnerable individuals, are protected.

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Area of Law
Civil Litigation & Procedure
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Payment into Court
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.