Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
1618 Person with legal disability—orders about recovered amounts etc
(1) The court may make an order directing how an amount recovered, awarded or agreed to be paid in a proceeding in relation to the claim for relief of a person with a legal disability (the claimant ) must be dealt with.
Note An amount ordered to be paid to a person with a legal disability must be paid into court and, unless the court otherwise directs, be paid out to the public trustee (see Public Trustee Act 1985
, s 25).
(2) Without limiting subrule (1), the court may, by order, direct—
(a) the payment of all or part of the amount to—
(i) the claimant or the claimant's litigation guardian for—
(A) expenses incurred by or paid for the claimant; or
(B) the maintenance or benefit of the claimant; or
(ii) the claimant's solicitor for costs; or
(b) the investment of all or part of the amount for the claimant in the way stated in the order; or
(c) the investment of all or part of the interest received from an investment under this rule for the claimant in the way stated in the order; or
(d) the changing of an investment made for the claimant under this rule; or
(e) the sale of securities in which an amount is invested for the claimant under this rule at the time, and on the conditions, stated in the order; or
(f) the payment of all or part of the amount, or the transfer of a security or investment under this rule (including an account with an authorised deposit-taking institution), for the claimant.
(3) In this rule:
"amount" includes an amount of damages.
Note Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
1619 Interest up to judgment
(1) In a proceeding for the recovery of money, including a debt or damages or the value of goods, the court may—
(a) order that interest be included in the amount for which judgment is given—
(i) at the rate it considers appropriate; and
(ii) on all or any part of the money; and
(iii) for all or any part of the period beginning on the day the cause of action arose and ending on the day before the day judgment is entered; or
(b) order that a lump sum be included in the amount for which judgment is given instead of interest under paragraph (a).
(2) However, the court must not order that interest be included, or that an amount be included in a lump sum instead of interest, for—
(a) compensation in relation to liabilities incurred that do not carry interest as against the person claiming interest or claiming a lump sum instead of interest; or
(b) compensation for loss or damage to be incurred or suffered after the day judgment is given; or
(c) exemplary or punitive damages.
(3) Subrule (4) applies if—
(a) a proceeding is started for a debt or liquidated demand; and
(b) payment of all or part of the debt or liquidated demand is made during the proceeding and before or without judgment being entered in relation to the debt or liquidated demand.
(4) On application by a party to the proceeding, the court may order that interest be paid—
(a) at the rate it considers appropriate on all or part of the amount paid; and
(b) for all or any part of the period between the day the cause of action arose and the day of the payment.
Note Pt 6.2 (Applications in proceedings) applies to an application for an order under this subrule.
(5) For subrule (1) (a), the court may set the rate of interest—
(a) in accordance with the rate stated in the claim for relief; or
(b) having regard to the rate of interest applying, from time to time, under schedule 2, part 2.1 (Interest up to judgment).
(6) This rule does not—
(a) authorise the giving of interest on interest awarded under this rule; and
(b) apply in relation to any debt on which interest is payable as of right, whether by agreement or otherwise; and
(c) affect damages recoverable for the dishonour of a bill of exchange.
(7) In a proceeding for damages, the court must not order the payment of interest under this rule in relation to a period after the defendant offers (or first offers) an appropriate settlement amount to the plaintiff unless the special circumstances of the case justify the making of the order.
(8) For subrule (7), if an amount is offered in settlement of the proceeding and the amount for which judgment is entered in the proceeding (including interest until the day of the offer) does not exceed the amount offered in settlement by more than 10%, the amount offered is an appropriate settlement amount .
1620 Interest after judgment
(1) Unless the court otherwise orders, interest is payable on the amount of a judgment debt (other than costs) that is unpaid at any time at the rate of interest applying at that time under schedule 2, part 2.2 (Interest after judgment).
Note Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
(2) However, unless the court otherwise orders, interest is not payable on the amount of the judgment debt if the amount is paid in full not later than 28 days after the day the judgment takes effect.
(3) Interest is payable on any amount awarded for costs, unless the court otherwise orders.
(4) Unless the court otherwise orders, interest is payable on an amount awarded for costs that is unpaid at any time—
(a) at the rate of interest applying at that time under schedule 2, part 2.2 (Interest after judgment); and
(b) from the day the costs were assessed or another date decided by the court.
(5) This rule does not authorise the giving of interest on interest payable under this rule.
1621 Judgment for interest only
(1) This rule applies if—
(a) the defendant in a proceeding satisfies the plaintiff's claim after the proceeding is started; and
(b) the plaintiff would be entitled to judgment on the claim if the defendant had not satisfied the claim.
(2) The plaintiff is entitled to judgment for interest in relation to the amount claimed in accordance with rule 1619 (Interest up to judgment).
1622 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 1620.
(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.
1623 Change in interest rates up to and after judgment
The advisory committee may recommend a change in the rates of interest set out in schedule 2 to take effect on 1 January of the year following the recommendation.