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CIVIL PROCEEDINGS REGULATION 2024 - REG 24
Request for information about money or securities in court
24 Request for information about money or securities in court
(1) A claimant or a claimant’s solicitor may ask the registrar for any of
the following information— (a) for money in court—the balance of the
relevant proceeding or account;
(b) for securities in court—a description
of the securities;
(c) details of any transactions relating to the money in
court or securities in court.
(2) The request must— (a) be in writing,
signed by the claimant or solicitor; and
(b) include the following
information— (i) the name and address of the claimant or their solicitor;
(ii) the proceeding or account to which the money in court or securities in
court are credited;
(iii) the grounds for the claimed entitlement.
(3) If
the claimed entitlement arises under a court order, the request must be
accompanied by a copy of the court order.
(4) The registrar may give the
requested information if the registrar is satisfied the claimant has a
sufficient interest in the money or securities.
(5) If the registrar gives
the requested information, it must be current as at the start of the day on
which it is given.
(6) If the registrar gives the requested information, it
must be accompanied by a statement of the following— (a) that the
information is current as at the start of the day on which it is given;
(b)
if the claimed entitlement relates to a proceeding or account on the most
recently prepared list of inactive accounts— (i) that the proceeding or
account is on the list; and
(ii) the matters mentioned in section 26 (2) (b)
and (c) ;
(c) if the registrar has notice of a restraining order affecting
the money or securities— (i) that the registrar has notice of the
restraining order; and
(ii) the date of the order; and
(iii) whether the
order affects interest accruing on the money or securities; and
(iv) the name
of each person for whom the order was made; and
(v) the name of each person
who, under the order, must be notified of the order;
(d) if the claimed
entitlement relates to securities in court and the registrar has notice of a
charging order affecting the securities— (i) that the registrar has notice
of the charging order; and
(ii) the date of the order; and
(iii) whether the
order affects interest accruing on the securities; and
(iv) the name of each
person for whom the order was made; and
(v) the name of each person who,
under the order, must be notified of the order.
(7) In this section—
"charging order" see section 90 (5) of the Act .
"restraining order" , for money in court or securities in court, means a court
order restraining the payment, transfer, delivery, sale or other dealing with
the money or securities.
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