Victorian Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 15.09

Execution against money in court

    (1)     This Rule applies where—

        (a)     a person under disability is required by a judgment to pay money;

        (b)     money stands in court to the credit of that person or that person has a beneficial interest in money or funds in court; and

        (c)     under these Rules, the Court may, on the application of the person entitled to enforce the judgment, order that the money in court or so much of the money as is sufficient to satisfy the judgment be paid to that person or, as the case may be, make an order imposing a charge on the beneficial interest of the person under disability in the money or funds in court to secure the payment of the sum due under the judgment.

    (2)     In determining whether to make an order for payment or an order imposing a charge, as the case may be, the Court shall have regard to—

        (a)     the fact that the person liable under the judgment is a person under disability;

        (b)     the purpose for which payment of the money or funds into court was made; and

        (c)     the purpose for which the money or funds are held.

    (3)     In this Rule—

"judgment" includes order;

"funds in court" has the same meaning as it has in Rule 73.01.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback