Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2007 (NO 2) (NO 37 OF 2007) - REG 6

in part 2.16, insert

1619     Interest after judgment—usual order as to interest

    (1)     This rule applies if the court order in relation to a judgment debt or costs awarded is expressed to be the usual order as to interest.

    (2)     Subject to this rule, interest is payable on the amount of the judgment debt, and on any costs awarded, at the rate that applies from time to time under rule 1617.

    (3)     Interest is not payable on the amount of the judgment debt if, not later than 28 days after the date of the judgment—

        (a)     the debt is paid; and

        (b)     the plaintiff gives the defendant notice from Medicare Australia confirming that no amount of the debt is payable to Medicare Australia; and

        (c)     the defendant has not been given a notice under—

              (i)     the Social Security Act 1991 (Cwlth), section 1182 (Secretary may send preliminary notice to potential compensation payer or insurer) (a preliminary compensation recovery notice ); or

              (ii)     the Social Security Act 1991 (Cwlth), section 1184 (Secretary may send recovery notice to compensation payer or insurer) (a compensation recovery notice ).

    (4)     Interest is not payable on the amount of the judgment debt if, not later than 28 days after the date of the judgment, the defendant—

        (a)     pays to Medicare Australia—

              (i)     the amount of any charge stated in a Medicare Australia notice of charge given to the defendant; or

              (ii)     if the defendant has not been given a Medicare Australia notice of charge—10% of the judgment debt; and

        (b)     pays to the plaintiff—the remainder of the judgment debt.

    (5)     Interest is not payable on the amount of the judgment debt while a preliminary compensation recovery notice given to the defendant has effect.

Note     For the effect of a notice, see the Social Security Act 1991 (Cwlth), s 1184B (Preliminary notice or recovery notice suspends liability to pay compensation).

    (6)     Interest is not payable on the amount of the judgment debt if—

        (a)     the defendant is given a compensation recovery notice; and

        (b)     the defendant pays the amount of the judgment debt, less any amount owing to the Commonwealth under the notice, to the plaintiff not later than 28 days after the later of the following:

              (i)     the day the judgment takes effect;

              (ii)     the day the defendant receives the notice.

    (7)     Interest is not payable on any amount awarded for costs if the amount is paid not later than 28 days after—

        (a)     the day the parties agree on the amount; or

        (b)     if paragraph (a) does not apply, the day the costs are assessed.

    (8)     In this rule:

"compensation recovery notice"—see subrule (3) (c) (ii).

"preliminary compensation recovery notice"—see subrule (3) (c) (i).