Commonwealth Numbered Regulations

1995 No. 449 FEDERAL COURT RULES (AMENDMENT) - RULE 19

19.1 Omit the order, substitute:
                             "ORDER 63

ADMINISTRATION OF MONEY PAID INTO COURT Application

"1. This Order deals with the administration of money paid into Court.

Definitions

"2. In this Order, unless the contrary intention appears:
'bank' means a bank to which the Banking Act 1959 applies and includes the
Reserve Bank of Australia;
'Litigants' Fund' means a Federal Court of Australia Litigants' Fund
established for a District Registry under rule 3.".

Litigants' Fund

"3. (1) The District Registrar for each District Registry must establish
with a bank an account entitled "Federal Court of Australia Litigants' Fund".

"(2) The District Registrar must appoint a signing officer and a counter
signing officer for the operation of the account.

"(3) Subject to subrule 5 (1), money paid into Court must be paid to the
credit of a Litigants' Fund.

"(4) A bank referred to in subrule (1) is the bank approved from time to time
by the Registrar of the Court.

"(5) A Litigants' Fund comprises the money standing, from time to time, to the
credit of the account established under subrule (1).

Payment out of a Litigants' Fund

"4. (1) Money may be paid out of a Litigants' Fund only in accordance with an
order of the Court or a Judge.

"(2) An order that directs that money in Court be paid out of a Litigants'
Fund, or otherwise dealt with, must state the particulars of the payment out,
the manner in which the money is otherwise to be dealt with and any other
action to be taken by the Registry.

Other application of money

"5. (1) The Court or a Judge may, at any time, order that money paid, or to be
paid, into Court, be paid, credited or applied in a manner other than by
payment into the Litigants' Fund.

"(2) In the event that any interest is, or is to be, earned on money mentioned
in subrule (1), the Court or a Judge may give directions as to the
disbursement of the interest.

Notification of the parties

"6. (1) Within 3 days after payment of money into Court, the District
Registrar must notify each party in writing that the money has been:

   (a)  received; and

   (b)  paid, credited or applied as required under these Rules or an order of
        the Court.

"(2) If money that has been paid into Court is, after notice has been given
under subrule (1), paid out, credited or applied under an order of the Court,
the District Registrar must notify each party in writing, within 3 days of the
payment out, credit or application, as the case may be, of the order and the
details of the transaction.".