Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3267

    (1)     The claimant may accept an amount paid into court by a respondent in satisfaction of a claim by serving a notice of acceptance on the respondent (or, if the payment was made by 1 of 2 or more respondents, each respondent)—

        (a)     not later than 14 days after the day notice of the payment into court is served on the claimant; or

        (b)     if 2 or more payments into court have been made—not later than 14 days after the day notice of the last payment into court is served on the claimant.

    (2)     If the respondent paid the amount into court by bond or security, the respondent must pay into court the amount of the bond or security not later than 14 days after the day the notice of acceptance is served on the respondent.

    (3)     If the respondent does not comply with subrule (2), the respondent is not entitled to any advantage under this division, and the claimant may—

        (a)     withdraw the claimant's acceptance by notice; or

        (b)     ask the registrar to assign the bond or security to the claimant so the claimant can enforce it.

    (4)     If the amount was paid into court by 1 of 2 or more respondents, the amount may be paid out only—

        (a)     with the agreement of the parties to the agreement; or

        (b)     in accordance with a certificate of the arbitral tribunal.

    (5)     Unless the arbitral tribunal otherwise awards, payment must be made to—

        (a)     the claimant; or

        (b)     if the claimant has given written authority for payment to be made to the claimant's solicitor—the claimant's solicitor.

    (6)     If payment out of court is made in accordance with this rule, the claim is permanently stayed.