Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 1) (NO 7 OF 2004) - REG 50

substitute

Form 1.18     Notice of payment into court

(see o 26 r 1)

[ Heading as in form 1.1 ]

The defendant [ name of defendant ]—

(a)     has paid $ into court (the amount); and

[ or ]

[ if the defendant filed a bond under o 26 r 2 ]

(a)     has filed a bond for $ (the amount); and

[ or ]

[ if the defendant filed a security under o 26 r 3 ]

(a)     has filed a security for $ (the amount); and

[ for an action other than an action under the Civil Law (Wrongs) Act 2002 , part 3.1 ( Wrongful act or omission causing death) or part 9.3 (Rules governing litigation of civil claims—defamation) ]

(b)     says that the amount is enough to satisfy the plaintiff's claim for [ state what the amount is said to satisfy ]; and

[ or ]

(b)     [ unless the Court otherwise orders, and if there are 2 or more causes of action joined in a single action, and an amount is paid into court in satisfaction of 1 or more of the claims ] says that part of the amount, $ ( state amount ) is enough to satisfy the plaintiff's claim for [ state what that part is said to satisfy ] and the rest of the amount is enough to satisfy the plaintiff's claim for [ state what the rest is said to satisfy ]; and

[ or ]

[ for an action under the Civil Law (Wrongs) Act 2002, part 3.1 ]

(b)     says that the amount is sufficient compensation for the benefit of the people for whose benefit the action under the Civil Law (Wrongs) Act 2002 , part 3.1 (Wrongful act or omission causing death) is brought, and who are entitled to compensation under the part; and

[ or ]

(b)     [ for an action under the Civil Law (Wrongs) Act 2002, part 9.3 (Rules governing litigation of civil claims—defamation) ] pays the amount by way of compensation, satisfaction and amends; and

(c)     [ if the defendant makes a counterclaim, state the relevant matters mentioned in o 26 r 5 (1) (c) ]; and

(d)     [*admits/denies] liability.

Date:

Signature of *[defendant/defendant's solicitor]:

To the *[plaintiff/plaintiff's solicitor]:

* strike out if inapplicable

Form 1.19     Bond for payment into court

(see o 26 r 2)

[ Heading as in form 1.1]

1     [ Name of approved person ] agrees to pay the registrar $ [ amount ] if—

        (a)     the plaintiff accepts the amount under order 26 rule 6 (Plaintiff may accept payment etc); and

        (b)     the defendant fails to pay into court the amount of the bond within 14 days after the day the notice of acceptance is served on the defendant.

2     This bond is a deed.

3     This bond remains in effect unless the Court otherwise orders (see o 26 r 2).

4     The parties to the action may consent to the discharge of the bond under order 42 rule 11 (Consent order or judgment signed by registrar).

Date:
Signature(s) of authorised person:

[ name and address of authorised person and position
with the approved person ]



Signed at


before me:

Signature of witness:

[ name and address of witness ]

Form 1.20     Authority to give bond

(see o 26 r 2)
[ Heading as in form 1.1]

1     [ Name of approved person ] authorises [ name and address of authorised person and position with the approved person eg managing director] to give a bond for payment into court in this matter.

2     This authority is a deed.

Date:
Signature(s) of appropriate person ¹ :


Signed at


before me:

Signature of witness:

[ name and address of witness ]

Note 1     An appropriate person is the person who may, under a law, sign a document for or on behalf of the approved person eg the Corporations Act, s 127, provides how a corporation may sign a document.