Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 1002

(SCR o 26 r 2; MC(CJ)R s 71 and s 85 (1) to (5))

    (1)     When paying an amount into court under rule 1000 or rule 1001, a party may lodge a bond for the amount with the registrar instead of actually paying the amount into court.

    (2)     The bond must be given by—

    (a)     any of the following people (an approved person ):

    (i)     an authorised insurer, or the DI fund manager, under the Road Transport (General) Act 1999 ;

    (ii)     an approved insurer, or the nominal insurer, under the Workers Compensation Act 1951 ;

    (iii)     a corporation approved by the registrar;

    (iv)     the Territory, the Commonwealth, a State or another Territory; or

    (b)     a person who is authorised, in writing, to give the bond for an approved person (an authorised person ).

Note     If a form is approved under the Court Procedures Act 2004 , s 8 for this provision, the form must be used.

    (3)     The bond remains in effect unless the court otherwise orders.

Note 1     Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.

Note 2     The parties to the proceeding may consent to the discharge of the bond under r 1611 (Orders—by consent).

    (4)     If the bond is given by an authorised person, a copy of the person's authority must be filed with the bond unless the authority has already been filed.

    (5)     An authority given by or for an approved person that has been filed binds the approved person until notice of its revocation is filed.

    (6)     If a bond is lodged by a party in accordance with this rule, this part (including rule 1000 (4) and (5)) applies as if the party had paid the amount of the bond into court under rule 1000.