Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 3257

(SCR o 88 rr 6A-6D)

    (1)     A party to an arbitration agreement (the respondent ) may at any time pay an amount into court in satisfaction of a claim to which the agreement applies of another party to the agreement (the claimant ).

    (2)     A respondent cannot plead a defence of tender before the arbitration was started unless the respondent has—

    (a)     paid the amount tendered into court under rule 1000 as applied by subrule (3); or

    (b)     filed a bond for payment of the amount to the registrar under rule 1002 as applied by subrule (3); or

    (c)     filed a security accepted by the registrar securing payment of the amount to the registrar under rule 1003 as applied by subrule (3).

    (3)     Part 2.10 (Payment into court) applies, with necessary changes, in relation to the payment into court as if—

    (a)     the arbitration were a proceeding; and

    (b)     the respondent were a defendant who has paid an amount into court in a proceeding; and

    (c)     the claimant were the plaintiff; and

    (d)     the other parties to the agreement were other parties to the proceeding.

    (4)     However—

    (a)     rule 1007 (2) (Payment into court—costs on acceptance by plaintiff) applies unless the arbitrator or umpire otherwise directs; and

    (b)     for rule 1009 (1) (Payment into court—payment out of remaining amount), the amount may also be paid out in accordance with a certificate of the arbitrator or umpire.