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CIVIL PROCEEDINGS REGULATION 2024 - REG 26
Notice about inactive accounts
26 Notice about inactive accounts
(1) On or before 1 April in each year, the registrar of a court must— (a)
prepare a list of the proceedings or accounts that were inactive accounts on 1
January in the year; and
(b) file the list in the court; and
(c) prepare a
notice under subsection (2) ; and
(d) display the notice at an appropriate
place in the registry visible to members of the public; and
(e) send a copy
of the notice to each party to a proceeding to which an inactive account
relates; and
(f) publish the notice on the Queensland Courts website.
(2)
The notice must— (a) contain the list of inactive accounts; and
(b) state
that a person claiming an entitlement to money in court or securities in court
credited to a proceeding or account on the list of inactive accounts may apply
to the court under section 27 for an order for the payment of the money or
securities; and
(c) state that, if an application mentioned in paragraph (b)
is not made by a stated day (the
"closing day" ), the court may make an order— (i) for money in court—that
the money be paid into the consolidated fund; or
(ii) for securities in
court—that the securities be sold and that the net proceeds of the sale,
including any interest that accrued on the securities, be paid into the
consolidated fund.
(3) The closing day may not be earlier than 42 days after
the later of the following days— (a) the day the notice starts being
displayed under subsection (1) (d) ;
(b) the day the notice starts being
published under subsection (1) (f) .
(4) The notice must be sent to a party
under subsection (1) (e) at least 42 days before the closing day.
(5) The
notice must remain displayed under subsection (1) (d) and published under
subsection (1) (f) until the closing day.
(6) As well as publishing the
notice on the Queensland Courts website, the registrar may publish the notice
in another way the registrar considers appropriate.
(7) If the registrar
incurs a cost for publishing the notice, the registrar may redeem the amount
of the cost from the court suitors fund and debit the amount against the
amounts held for the inactive accounts in proportion to the balance of each
inactive account.
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