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Supreme Court Rules (Amendment No 384) 2003
Supreme Court Rules (Amendment No 384) 2003
under the
Supreme Court Act 1970
The Supreme Court Rule Committee made the following rules of court under the
Supreme Court Act 1970 on 17 November 2003.
Steven Jupp
Secretary of the Rule Committee
Explanatory note
The object of these Rules is to amend Part 50 of the Supreme Court Rules 1970 in
relation to money that has been paid into the Supreme Court and is the subject of an
order to pay the money to a party. In particular, these rules make provision for the
following:
(a) the payment of interest accruing on money that has been paid into Court to abide
the decision in the proceedings,
(b) the payment of such money and interest if parties fail to appear before the Court
after being notified of the Court’s intention to order the payment of the money or
interest,
(c) the payment of unclaimed money.
1 Name of Rules
These Rules are the Supreme Court Rules (Amendment No 384)
2003.
2 Amendment of Supreme Court Rules 1970
The Supreme Court Rules 1970 are amended as set out in
Schedule 1.
Schedule 1 Amendments
(Rule 2)
[1] Part 50, rules 5A and 6
Omit rule 6. Insert instead:
5A Interest—money paid into Court as security for costs or as
security on an appeal
(1) If money is paid into Court as security for costs or as security
on an appeal, or is paid into Court pursuant to Part 72A
Division 2 (which relates to money paid into Court in an
arbitration), interest on the money is not to be paid to any
party.
(2) Subrule (1) does not apply to interest accruing on money paid
to the Public Trustee under rule 6A.
6 Interest—money paid into Court to abide the decision in
proceedings
(1) This rule applies if money is paid into Court pursuant to an
order, to abide the decision in the proceedings, and the money
is invested under rule 5 or is paid to the Public Trustee as
referred to in rule 6A.
(2) The Court may, on application by a party or by its own
motion, order the payment of interest to any party.
(3) Despite subrule (2), if the Court makes an order that the whole
of the money be paid to one or more parties and the order does
not expressly provide for the payment (or non-payment) of
any interest accruing on the money, any interest accruing on
the money is to be paid to the party or parties.
(4) The interest paid to a party under subrule (3) is to bear the
same proportion to the total interest accruing on the total
amount of money paid into Court as the money paid to the
party bears to the total amount of money paid into Court,
unless the Court orders otherwise.
(5) In this rule:
interest accruing on money means any interest accruing on
the money as a result of its investment under rule 5 or
payment to the Public Trustee under rule 6A.
[2] Rule 6AA
Insert after rule 6A:
6AA Non-attendance of parties following notice by Court
(1) If the Court has given notice to parties of its intention to order
the payment to a party or parties of money paid into Court or
any interest accruing on that money and one or more of those
parties fails or fail to attend Court as directed in the notice, the
Court may:
(a) order the payment of the money or any interest accruing
on that money (or both) to one or more parties, in such
proportions as the Court thinks fit, or
(b) direct the registrar to pay the money or interest accruing
on the money (or both) to the Treasurer for the purpose
of paying the money and any interest on the money to
the Consolidated Fund, or
(c) determine not to make any order.
(2) In this rule:
interest accruing on money means any interest accruing on
the money as a result of its investment under rule 5 or
payment to the Public Trustee under rule 6A.
[3] Part 50, rule 6B Unclaimed funds
Insert “or interest accruing on those funds” after “into Court” in
subrule (1).
[4] Part 50, rule 6B
Insert after subrule (1):
(1A) For the purposes of subrule (1), funds or interest are
unclaimed if:
(a) the funds or interest have not been paid to the Treasurer
pursuant to a direction made under rule 6AA (1) (b),
and
(b) judgment has been entered on a matter in relation to
which funds have been paid into Court, and
(c) the whole or any part of those funds is unclaimed within
6 years of either of the following:
(i) the making of an order for the payment of the
whole of the funds (or any part that is unclaimed),
(ii) if no such order is made—the date of judgment.
[5] Part 50, rule 6B
Insert after subrule (6):
(7) In this rule:
interest accruing on funds means any interest accruing on the
funds as a result of its investment under rule 5 or payment to
the Public Trustee under rule 6A.
[6] Schedule E Powers of registrars
Insert in Part 1 of Schedule E after the matter relating to Part 49:
Part 50—
| Rule 6 (2) | Payment out of Court of interest accruing on money paid into Court. | Restricted to matters where 12 months or more has elapsed since the Court has ordered that any money remaining in Court be paid. |
| Rule 6AA | Non-attendance of parties following notice by Court in relation to proposed order concerning money paid into Court. | Restricted to matters where 12 months or more has elapsed since judgment given. |
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