Commonwealth Numbered Regulations

1994 No. 110 INDUSTRIAL RELATIONS COURT RULES - ORDER 23 RULE 10

10. (1) An applicant may, within the time fixed by subrules (2), (3) and (4),
accept money brought into Court in satisfaction of the cause of action in
answer to which the money is brought in, as against the respondent bringing
the money into Court.

(2) Where the notice of deposit or last notice of deposit, in answer to a
cause of action is filed before the beginning of the trial, the applicant may
accept the money in satisfaction of the cause of action within 14 days after
service on him or her of the notice of deposit, or last notice of deposit, but
before the beginning of the trial, by filing a notice of acceptance in
accordance with Form 33.

(3) Where the notice of deposit, or last notice of deposit in answer to a
cause of action is filed after the beginning of the trial, or a respondent, by
notice, in accordance with Form 34, served on the applicant after the trial
begins, confirms a notice of deposit, the applicant may, subject to subrule
(4), accept the money in satisfaction of the cause of action within two days
after service on him or her of the notice or the last notice, by announcement
to the Court during the trial or by filing a notice of acceptance in
accordance with Form 33.

(4) An applicant shall not accept money in a case to which subrule (3)
applies:

   (a)  where the trial is before a jury-after the Judge begins to sum up to
        the jury; or

   (b)  in any other case-after the Judge gives his or her decision or begins
        to give his or her reasons for decision.

(5) A respondent who serves notice of confirmation under subrule (3) shall
file the notice on the day of service.

(6) An applicant who accepts money by announcement to the Court under subrule
(3) shall file a notice of acceptance in the prescribed form on the day of the
announcement.

(7) Where an applicant who claims on more than one cause of action accepts
money brought into Court in answer to some one or more but not all of the
causes of action, he or she may, by filing a notice (which may be combined
with a notice of acceptance), abandon all causes of action other than the
cause of action to which the acceptance relates.

(8) Where an applicant who claims against two or more respondents on a cause
of action against them jointly accepts money brought into Court by one or more
but not all of those respondents in answer to that cause of action, he or she
may, by filing a notice (which may be combined with a notice of acceptance),
abandon any cause or causes of action against the other or all the others of
those respondents.

(9) An applicant who accepts money under this rule shall, subject to rule 13,
be entitled to receive payment of the money without any order.