Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 1618

Person with legal disability—orders about recovered amounts etc

    (1)     The court may make an order directing how an amount recovered, awarded or agreed to be paid in a proceeding in relation to the claim for relief of a person with a legal disability (the claimant ) must be dealt with.

Note     An amount ordered to be paid to a person with a legal disability must be paid into court and, unless the court otherwise directs, be paid out to the public trustee and guardian (see href="http://www.legislation.act.gov.au/a/1985-8" title="A1985-8">Public Trustee and Guardian Act 1985

, s 25).

    (2)     Without limiting subrule (1), the court may, by order, direct—

        (a)     the payment of all or part of the amount to—

              (i)     the claimant or the claimant's litigation guardian for—

    (A)     expenses incurred by or paid for the claimant; or

    (B)     the maintenance or benefit of the claimant; or

              (ii)     the claimant's solicitor for costs; or

        (b)     the investment of all or part of the amount for the claimant in the way stated in the order; or

        (c)     the investment of all or part of the interest received from an investment under this rule for the claimant in the way stated in the order; or

        (d)     the changing of an investment made for the claimant under this rule; or

        (e)     the sale of securities in which an amount is invested for the claimant under this rule at the time, and on the conditions, stated in the order; or

        (f)     the payment of all or part of the amount, or the transfer of a security or investment under this rule (including an account with an authorised deposit-taking institution), for the claimant.

    (3)     In this rule:

"amount" includes an amount of damages.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.



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