Queensland Consolidated Regulations

CIVIL PROCEEDINGS REGULATION 2024 - REG 27

27 Payment out order

(1) This section applies if a person claims an entitlement to money in court or securities in court credited to a proceeding or account on the most recently prepared list of inactive accounts.

(2) The person may apply to the court for an order that the chief executive pay the money or securities to the person from the court suitors fund under this section (a
"payment out order" ).

(3) The application must be made on or before the closing day or within the further time the court allows.

(4) The person must file in the court an affidavit stating the facts relied on for the claim.

(5) The person must serve a copy of the application and affidavit on—

(a) the registrar of the court; and

(b) each party to the proceeding to which the money in court or securities in court relate.

(6) Before deciding the application, the court may, on application by the person—

(a) order that the registrar may not apply for a consolidated fund order before a stated day; or

(b) if the registrar has applied for a consolidated fund order—stay proceedings on the registrar’s application.

(7) The court may decide the application by making—

(a) a payment out order; or

(b) another order the court considers appropriate.