Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 1102

Stay of debt etc proceeding on payment of amount sought

    (1)     The proceeding is stayed if, within the time allowed for filing any notice of intention to respond or defence, the defendant pays the plaintiff

        (a)     the amount claimed; and

        (b)     any amounts claimed for interest; and

        (c)     the prescribed costs amount plus any filing and service fees actually paid.

Note     Rule 102 deals with filing and service of a notice of intention to respond or defence.

    (2)     If the proceeding is in the Supreme Court, and could properly have been brought in the Magistrates Court, the prescribed costs amount payable by the defendant under subrule (1) (c) is the prescribed costs amount for the Magistrates Court.

    (3)     This rule does not apply to the assessment or enforcement of costs.



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