{"id":"qld:sl-2024-0192","name":"Civil Proceedings Regulation 2024","slug":"civil-proceedings-regulation-2024","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"192 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173712,"registerId":"qld-sl-2024-0192-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Civil Proceedings Regulation 2024 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2024.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 1 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Court funds","content":"# Court funds","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Paying money or depositing securities into court","content":"## Paying money or depositing securities into court","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"References to payments or deposits into court","content":"### sec.4 References to payments or deposits into court\n\nIn this division—\na reference to paying an amount into court is a reference to paying an amount into court under a law or a court order; and\na reference to depositing securities into court is a reference to depositing securities into court under a law or a court order.\n- (a) a reference to paying an amount into court is a reference to paying an amount into court under a law or a court order; and\n- (b) a reference to depositing securities into court is a reference to depositing securities into court under a law or a court order.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Payment or deposit to be made to or with registrar","content":"### sec.5 Payment or deposit to be made to or with registrar\n\nAn amount to be paid into court must be paid to the registrar.\nSecurities to be deposited into court must be deposited with the registrar.\n(sec.5-ssec.1) An amount to be paid into court must be paid to the registrar.\n(sec.5-ssec.2) Securities to be deposited into court must be deposited with the registrar.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Affidavit to be filed for payment or deposit","content":"### sec.6 Affidavit to be filed for payment or deposit\n\nIf a person pays an amount into court or deposits securities into court, the person must file an affidavit in the court.\nThe affidavit must—\nstate the name of the person by or for whom the payment or deposit is made; and\nstate—\nfor a payment—the amount; or\nfor a deposit—the number and face value of the securities; and\nstate the way the payment or deposit is made; and\neither—\nfor a payment or deposit made under a law—specify the law, including the provision of the law; or\nfor a payment or deposit made under a court order—include, as an exhibit, a copy of the order; and\nbriefly describe the circumstances in which the payment or deposit is made; and\nask the registrar to receive the money or securities.\nIf the person files an affidavit but the registrar considers it does not give enough information about the payment or deposit, the registrar may, by written notice, require the person to file another affidavit giving further stated information relating to the payment or deposit.\nThe person must comply with the requirement.\nA requirement under this section is in addition to any requirement under rules of court or another law to file, serve or give an affidavit or other document relating to the payment or deposit.\n(sec.6-ssec.1) If a person pays an amount into court or deposits securities into court, the person must file an affidavit in the court.\n(sec.6-ssec.2) The affidavit must— state the name of the person by or for whom the payment or deposit is made; and state— for a payment—the amount; or for a deposit—the number and face value of the securities; and state the way the payment or deposit is made; and either— for a payment or deposit made under a law—specify the law, including the provision of the law; or for a payment or deposit made under a court order—include, as an exhibit, a copy of the order; and briefly describe the circumstances in which the payment or deposit is made; and ask the registrar to receive the money or securities.\n(sec.6-ssec.3) If the person files an affidavit but the registrar considers it does not give enough information about the payment or deposit, the registrar may, by written notice, require the person to file another affidavit giving further stated information relating to the payment or deposit.\n(sec.6-ssec.4) The person must comply with the requirement.\n- (a) state the name of the person by or for whom the payment or deposit is made; and\n- (b) state— (i) for a payment—the amount; or (ii) for a deposit—the number and face value of the securities; and\n- (i) for a payment—the amount; or\n- (ii) for a deposit—the number and face value of the securities; and\n- (c) state the way the payment or deposit is made; and\n- (d) either— (i) for a payment or deposit made under a law—specify the law, including the provision of the law; or (ii) for a payment or deposit made under a court order—include, as an exhibit, a copy of the order; and\n- (i) for a payment or deposit made under a law—specify the law, including the provision of the law; or\n- (ii) for a payment or deposit made under a court order—include, as an exhibit, a copy of the order; and\n- (e) briefly describe the circumstances in which the payment or deposit is made; and\n- (f) ask the registrar to receive the money or securities.\n- (i) for a payment—the amount; or\n- (ii) for a deposit—the number and face value of the securities; and\n- (i) for a payment or deposit made under a law—specify the law, including the provision of the law; or\n- (ii) for a payment or deposit made under a court order—include, as an exhibit, a copy of the order; and","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Receipt for money or securities","content":"### sec.7 Receipt for money or securities\n\nThe registrar must issue a receipt for an amount paid into court or securities deposited into court.\nThe receipt must—\nstate the name of the person by or for whom the payment or deposit was made; and\nidentify the proceeding or account to which the payment or deposit has been credited; and\nstate—\nfor a payment—the amount; or\nfor a deposit—a description of the securities.\n(sec.7-ssec.1) The registrar must issue a receipt for an amount paid into court or securities deposited into court.\n(sec.7-ssec.2) The receipt must— state the name of the person by or for whom the payment or deposit was made; and identify the proceeding or account to which the payment or deposit has been credited; and state— for a payment—the amount; or for a deposit—a description of the securities.\n- (a) state the name of the person by or for whom the payment or deposit was made; and\n- (b) identify the proceeding or account to which the payment or deposit has been credited; and\n- (c) state— (i) for a payment—the amount; or (ii) for a deposit—a description of the securities.\n- (i) for a payment—the amount; or\n- (ii) for a deposit—a description of the securities.\n- (i) for a payment—the amount; or\n- (ii) for a deposit—a description of the securities.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Registrar to remit amounts received or notify securities deposited","content":"### sec.8 Registrar to remit amounts received or notify securities deposited\n\nAs soon as practicable after an amount is paid into court, the registrar must remit the amount to the chief executive for payment into the court suitors fund.\nAs soon as practicable after securities are deposited into court, the registrar must give written notice of the deposit to the chief executive.\n(sec.8-ssec.1) As soon as practicable after an amount is paid into court, the registrar must remit the amount to the chief executive for payment into the court suitors fund.\n(sec.8-ssec.2) As soon as practicable after securities are deposited into court, the registrar must give written notice of the deposit to the chief executive.","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Dealing with interest received on securities in court","content":"## Dealing with interest received on securities in court","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Payment of interest into fund","content":"### sec.9 Payment of interest into fund\n\nThis section applies if the chief executive receives an amount of interest that has accrued on securities in court.\nUnless a court orders otherwise, the chief executive must—\npay the amount into the court suitors fund; and\ncredit the proceeding or account for which the securities are deposited with the amount of the interest.\n(sec.9-ssec.1) This section applies if the chief executive receives an amount of interest that has accrued on securities in court.\n(sec.9-ssec.2) Unless a court orders otherwise, the chief executive must— pay the amount into the court suitors fund; and credit the proceeding or account for which the securities are deposited with the amount of the interest.\n- (a) pay the amount into the court suitors fund; and\n- (b) credit the proceeding or account for which the securities are deposited with the amount of the interest.","sortOrder":12},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Dealing with money or securities in court","content":"## Dealing with money or securities in court","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Court order about payment or other dealing","content":"### sec.10 Court order about payment or other dealing\n\nThis section applies if a person obtains a court order that money in court or securities in court be dealt with in a particular way or that the chief executive make a particular payment.\nThe person must give a copy of the order to the registrar.\nOn receiving the copy, the registrar must give a copy to the chief executive.\nOn receiving the copy, the chief executive must deal with the money in court or securities in court, or make the payment, in accordance with the court order.\nIn this section—\ndealt with means paid, invested or sold.\n(sec.10-ssec.1) This section applies if a person obtains a court order that money in court or securities in court be dealt with in a particular way or that the chief executive make a particular payment.\n(sec.10-ssec.2) The person must give a copy of the order to the registrar.\n(sec.10-ssec.3) On receiving the copy, the registrar must give a copy to the chief executive.\n(sec.10-ssec.4) On receiving the copy, the chief executive must deal with the money in court or securities in court, or make the payment, in accordance with the court order.\n(sec.10-ssec.5) In this section— dealt with means paid, invested or sold.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Court order to pay money or securities in court includes interest","content":"### sec.11 Court order to pay money or securities in court includes interest\n\nThis section applies if a court orders money in court or securities in court to be paid to a person.\nUnless the court orders otherwise, the amount or securities to be paid to the person includes any interest accrued on the money in court or securities in court.\n(sec.11-ssec.1) This section applies if a court orders money in court or securities in court to be paid to a person.\n(sec.11-ssec.2) Unless the court orders otherwise, the amount or securities to be paid to the person includes any interest accrued on the money in court or securities in court.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Securities acquired using money or securities in court","content":"### sec.12 Securities acquired using money or securities in court\n\nThis section applies if securities are acquired using money in court or securities in court.\nUnless a court orders otherwise, the chief executive must credit the acquired securities to the same proceeding or account to which the money in court or securities in court are credited.\n(sec.12-ssec.1) This section applies if securities are acquired using money in court or securities in court.\n(sec.12-ssec.2) Unless a court orders otherwise, the chief executive must credit the acquired securities to the same proceeding or account to which the money in court or securities in court are credited.","sortOrder":16},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Interest payable on money in court","content":"## Interest payable on money in court","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Interest rate","content":"### sec.13 Interest rate\n\nThe interest rate applying to money in court is the Reserve Bank of Australia’s official cash rate plus 0.5%.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Accrual of interest on money in court","content":"### sec.14 Accrual of interest on money in court\n\nInterest accrues on the money in court credited to a proceeding or account as follows—\ninterest accrues at the rate applying under section 13 ;\ninterest accrues each month on the minimum monthly balance of the proceeding or account;\nfor paragraph (b) , the minimum monthly balance is rounded down to the nearest whole dollar amount;\ninterest accrues for a month only if there is an amount credited to the proceeding or account on every day of the month;\nInterest does not accrue for a month if, after the first day of the month, an amount is paid into court and credited to the proceeding or account for the first time.\ninterest does not accrue for a month during which the entire amount credited to the proceeding or account is paid out of the court suitors fund.\n- (a) interest accrues at the rate applying under section 13 ;\n- (b) interest accrues each month on the minimum monthly balance of the proceeding or account;\n- (c) for paragraph (b) , the minimum monthly balance is rounded down to the nearest whole dollar amount;\n- (d) interest accrues for a month only if there is an amount credited to the proceeding or account on every day of the month; Example— Interest does not accrue for a month if, after the first day of the month, an amount is paid into court and credited to the proceeding or account for the first time.\n- (e) interest does not accrue for a month during which the entire amount credited to the proceeding or account is paid out of the court suitors fund.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Calculation and crediting of interest","content":"### sec.15 Calculation and crediting of interest\n\nWithin 15 days after the end of each half-year, the chief executive must, for each proceeding or account to which money in court is credited—\ncalculate the interest that accrued during the half year on the amount of the money in court; and\ncredit the proceeding or account with the amount of the interest.\nBefore paying an amount of money in court credited to a proceeding or account to a person entitled to it, the chief executive must—\ncalculate the interest that accrued on the amount since interest was last calculated and credited to the proceeding or account under subsection (1) ; and\ncredit the proceeding or account with the amount of the interest.\nIn this section—\nhalf year means a period of 6 months ending on 30 June or 31 December in a year.\n(sec.15-ssec.1) Within 15 days after the end of each half-year, the chief executive must, for each proceeding or account to which money in court is credited— calculate the interest that accrued during the half year on the amount of the money in court; and credit the proceeding or account with the amount of the interest.\n(sec.15-ssec.2) Before paying an amount of money in court credited to a proceeding or account to a person entitled to it, the chief executive must— calculate the interest that accrued on the amount since interest was last calculated and credited to the proceeding or account under subsection (1) ; and credit the proceeding or account with the amount of the interest.\n(sec.15-ssec.3) In this section— half year means a period of 6 months ending on 30 June or 31 December in a year.\n- (a) calculate the interest that accrued during the half year on the amount of the money in court; and\n- (b) credit the proceeding or account with the amount of the interest.\n- (a) calculate the interest that accrued on the amount since interest was last calculated and credited to the proceeding or account under subsection (1) ; and\n- (b) credit the proceeding or account with the amount of the interest.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Use of excess interest","content":"### sec.16 Use of excess interest\n\nThe chief executive may use an amount of interest earned by the court suitors fund that is not credited to any proceeding or account—\nto make good any deficiency in the fund arising from an administrative error or in another way; or\nto pay an expense incurred in administering the fund.\n- (a) to make good any deficiency in the fund arising from an administrative error or in another way; or\n- (b) to pay an expense incurred in administering the fund.","sortOrder":21},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Payment of money or securities out of court","content":"## Payment of money or securities out of court","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Payment of amount awarded as costs after paying outstanding fees","content":"### sec.17 Payment of amount awarded as costs after paying outstanding fees\n\nThis section applies if a court orders an amount of costs to be ascertained and then paid to a person out of money in court.\nThe chief executive must pay the amount to the person under the order to the extent of the balance of the relevant proceeding or account.\nHowever, if the person has not paid a fee payable by the person to the registrar in relation to the proceeding, the chief executive must—\nif the amount of the unpaid fee is not more than the amount payable under subsection (2) —\nretain the amount of the unpaid fee and remit it to the registrar in payment of the fee; and\npay the balance of the amount payable under subsection (2) to the person; or\nif the amount of the unpaid fee is more than the amount payable under subsection (2) —retain the amount payable under subsection (2) and remit it to the registrar in partial payment of the fee.\n(sec.17-ssec.1) This section applies if a court orders an amount of costs to be ascertained and then paid to a person out of money in court.\n(sec.17-ssec.2) The chief executive must pay the amount to the person under the order to the extent of the balance of the relevant proceeding or account.\n(sec.17-ssec.3) However, if the person has not paid a fee payable by the person to the registrar in relation to the proceeding, the chief executive must— if the amount of the unpaid fee is not more than the amount payable under subsection (2) — retain the amount of the unpaid fee and remit it to the registrar in payment of the fee; and pay the balance of the amount payable under subsection (2) to the person; or if the amount of the unpaid fee is more than the amount payable under subsection (2) —retain the amount payable under subsection (2) and remit it to the registrar in partial payment of the fee.\n- (a) if the amount of the unpaid fee is not more than the amount payable under subsection (2) — (i) retain the amount of the unpaid fee and remit it to the registrar in payment of the fee; and (ii) pay the balance of the amount payable under subsection (2) to the person; or\n- (i) retain the amount of the unpaid fee and remit it to the registrar in payment of the fee; and\n- (ii) pay the balance of the amount payable under subsection (2) to the person; or\n- (b) if the amount of the unpaid fee is more than the amount payable under subsection (2) —retain the amount payable under subsection (2) and remit it to the registrar in partial payment of the fee.\n- (i) retain the amount of the unpaid fee and remit it to the registrar in payment of the fee; and\n- (ii) pay the balance of the amount payable under subsection (2) to the person; or","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Payment if person named in court order has died","content":"### sec.18 Payment if person named in court order has died\n\nThis section applies if—\na court orders money in court or securities in court to be paid to a person; and\nthe order is to pay the person in the person’s own right or for the person’s own use, and not to pay the person as a trustee or personal representative; and\nthe person dies before the payment is made; and\nthe court does not, in that court order or any other court order of which a copy has been given to the registrar, state how payment is to be made if the person dies before payment is made; and\nfor an order that named the person other than as a creditor—the registrar is satisfied the person died after the order was made.\nThe chief executive may pay the money or securities under the court order to the person’s personal representative.\n(sec.18-ssec.1) This section applies if— a court orders money in court or securities in court to be paid to a person; and the order is to pay the person in the person’s own right or for the person’s own use, and not to pay the person as a trustee or personal representative; and the person dies before the payment is made; and the court does not, in that court order or any other court order of which a copy has been given to the registrar, state how payment is to be made if the person dies before payment is made; and for an order that named the person other than as a creditor—the registrar is satisfied the person died after the order was made.\n(sec.18-ssec.2) The chief executive may pay the money or securities under the court order to the person’s personal representative.\n- (a) a court orders money in court or securities in court to be paid to a person; and\n- (b) the order is to pay the person in the person’s own right or for the person’s own use, and not to pay the person as a trustee or personal representative; and\n- (c) the person dies before the payment is made; and\n- (d) the court does not, in that court order or any other court order of which a copy has been given to the registrar, state how payment is to be made if the person dies before payment is made; and\n- (e) for an order that named the person other than as a creditor—the registrar is satisfied the person died after the order was made.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Payment if personal representative has died","content":"### sec.19 Payment if personal representative has died\n\nThis section applies if—\na court orders money in court or securities in court to be paid to 2 or more persons as the personal representatives of a person; and\nany of the personal representatives dies before the payment is made; and\nthe registrar is satisfied the personal representative died after the order was made.\nThe chief executive may pay the money or securities under the court order to the surviving personal representative or representatives.\n(sec.19-ssec.1) This section applies if— a court orders money in court or securities in court to be paid to 2 or more persons as the personal representatives of a person; and any of the personal representatives dies before the payment is made; and the registrar is satisfied the personal representative died after the order was made.\n(sec.19-ssec.2) The chief executive may pay the money or securities under the court order to the surviving personal representative or representatives.\n- (a) a court orders money in court or securities in court to be paid to 2 or more persons as the personal representatives of a person; and\n- (b) any of the personal representatives dies before the payment is made; and\n- (c) the registrar is satisfied the personal representative died after the order was made.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Intestacy involving net estate assets of not more than $2,000","content":"### sec.20 Intestacy involving net estate assets of not more than $2,000\n\nThis section applies if—\na court orders money in court or securities in court to be paid to a person; and\nthe person dies before the payment is made; and\nthe person’s net estate assets, including the money or securities, are not more than $2,000; and\nthe registrar is satisfied the person died intestate.\nThe chief executive may pay the money or securities under the court order to a spouse, child, sibling or parent of the deceased person who—\nis entitled to apply for letters of administration of the deceased person’s estate; and\nfiles an affidavit in the court stating the facts relied on.\n(sec.20-ssec.1) This section applies if— a court orders money in court or securities in court to be paid to a person; and the person dies before the payment is made; and the person’s net estate assets, including the money or securities, are not more than $2,000; and the registrar is satisfied the person died intestate.\n(sec.20-ssec.2) The chief executive may pay the money or securities under the court order to a spouse, child, sibling or parent of the deceased person who— is entitled to apply for letters of administration of the deceased person’s estate; and files an affidavit in the court stating the facts relied on.\n- (a) a court orders money in court or securities in court to be paid to a person; and\n- (b) the person dies before the payment is made; and\n- (c) the person’s net estate assets, including the money or securities, are not more than $2,000; and\n- (d) the registrar is satisfied the person died intestate.\n- (a) is entitled to apply for letters of administration of the deceased person’s estate; and\n- (b) files an affidavit in the court stating the facts relied on.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Partnerships","content":"### sec.21 Partnerships\n\nThis section applies if a court orders money in court or securities in court to be paid to a partnership.\nThe chief executive may pay the money or securities under the court order to 1 or more of the partners.\n(sec.21-ssec.1) This section applies if a court orders money in court or securities in court to be paid to a partnership.\n(sec.21-ssec.2) The chief executive may pay the money or securities under the court order to 1 or more of the partners.","sortOrder":27},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Requests by persons claiming entitlement to money or securities in court","content":"## Requests by persons claiming entitlement to money or securities in court","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Definition for div 6","content":"### sec.22 Definition for div 6\n\nIn this division—\nclaimant means a person who claims an entitlement to money in court or securities in court.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Request to record entitlement","content":"### sec.23 Request to record entitlement\n\nA claimant or a claimant’s solicitor may ask the registrar of the court to record the claimant’s claimed entitlement.\nThe request must—\nbe in writing, signed by the claimant or solicitor; and\ninclude the following information—\nthe name and address of the claimant or their solicitor;\nthe proceeding or account to which the money in court or securities in court are credited;\nthe grounds for the claimed entitlement.\nIf the claimed entitlement arises under a court order, the request must be accompanied by a copy of the court order.\nThe registrar must record the claimed entitlement and associated information in an appropriate way.\n(sec.23-ssec.1) A claimant or a claimant’s solicitor may ask the registrar of the court to record the claimant’s claimed entitlement.\n(sec.23-ssec.2) The request must— be in writing, signed by the claimant or solicitor; and include the following information— the name and address of the claimant or their solicitor; the proceeding or account to which the money in court or securities in court are credited; the grounds for the claimed entitlement.\n(sec.23-ssec.3) If the claimed entitlement arises under a court order, the request must be accompanied by a copy of the court order.\n(sec.23-ssec.4) The registrar must record the claimed entitlement and associated information in an appropriate way.\n- (a) be in writing, signed by the claimant or solicitor; and\n- (b) include the following information— (i) the name and address of the claimant or their solicitor; (ii) the proceeding or account to which the money in court or securities in court are credited; (iii) the grounds for the claimed entitlement.\n- (i) the name and address of the claimant or their solicitor;\n- (ii) the proceeding or account to which the money in court or securities in court are credited;\n- (iii) the grounds for the claimed entitlement.\n- (i) the name and address of the claimant or their solicitor;\n- (ii) the proceeding or account to which the money in court or securities in court are credited;\n- (iii) the grounds for the claimed entitlement.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Request for information about money or securities in court","content":"### sec.24 Request for information about money or securities in court\n\nA claimant or a claimant’s solicitor may ask the registrar for any of the following information—\nfor money in court—the balance of the relevant proceeding or account;\nfor securities in court—a description of the securities;\ndetails of any transactions relating to the money in court or securities in court.\nThe request must—\nbe in writing, signed by the claimant or solicitor; and\ninclude the following information—\nthe name and address of the claimant or their solicitor;\nthe proceeding or account to which the money in court or securities in court are credited;\nthe grounds for the claimed entitlement.\nIf the claimed entitlement arises under a court order, the request must be accompanied by a copy of the court order.\nThe registrar may give the requested information if the registrar is satisfied the claimant has a sufficient interest in the money or securities.\nIf the registrar gives the requested information, it must be current as at the start of the day on which it is given.\nIf the registrar gives the requested information, it must be accompanied by a statement of the following—\nthat the information is current as at the start of the day on which it is given;\nif the claimed entitlement relates to a proceeding or account on the most recently prepared list of inactive accounts—\nthat the proceeding or account is on the list; and\nthe matters mentioned in section 26 (2) (b) and (c) ;\nif the registrar has notice of a restraining order affecting the money or securities—\nthat the registrar has notice of the restraining order; and\nthe date of the order; and\nwhether the order affects interest accruing on the money or securities; and\nthe name of each person for whom the order was made; and\nthe name of each person who, under the order, must be notified of the order;\nif the claimed entitlement relates to securities in court and the registrar has notice of a charging order affecting the securities—\nthat the registrar has notice of the charging order; and\nthe date of the order; and\nwhether the order affects interest accruing on the securities; and\nthe name of each person for whom the order was made; and\nthe name of each person who, under the order, must be notified of the order.\nIn this section—\ncharging order see section 90 (5) of the Act .\nrestraining order , for money in court or securities in court, means a court order restraining the payment, transfer, delivery, sale or other dealing with the money or securities.\n(sec.24-ssec.1) A claimant or a claimant’s solicitor may ask the registrar for any of the following information— for money in court—the balance of the relevant proceeding or account; for securities in court—a description of the securities; details of any transactions relating to the money in court or securities in court.\n(sec.24-ssec.2) The request must— be in writing, signed by the claimant or solicitor; and include the following information— the name and address of the claimant or their solicitor; the proceeding or account to which the money in court or securities in court are credited; the grounds for the claimed entitlement.\n(sec.24-ssec.3) If the claimed entitlement arises under a court order, the request must be accompanied by a copy of the court order.\n(sec.24-ssec.4) The registrar may give the requested information if the registrar is satisfied the claimant has a sufficient interest in the money or securities.\n(sec.24-ssec.5) If the registrar gives the requested information, it must be current as at the start of the day on which it is given.\n(sec.24-ssec.6) If the registrar gives the requested information, it must be accompanied by a statement of the following— that the information is current as at the start of the day on which it is given; if the claimed entitlement relates to a proceeding or account on the most recently prepared list of inactive accounts— that the proceeding or account is on the list; and the matters mentioned in section 26 (2) (b) and (c) ; if the registrar has notice of a restraining order affecting the money or securities— that the registrar has notice of the restraining order; and the date of the order; and whether the order affects interest accruing on the money or securities; and the name of each person for whom the order was made; and the name of each person who, under the order, must be notified of the order; if the claimed entitlement relates to securities in court and the registrar has notice of a charging order affecting the securities— that the registrar has notice of the charging order; and the date of the order; and whether the order affects interest accruing on the securities; and the name of each person for whom the order was made; and the name of each person who, under the order, must be notified of the order.\n(sec.24-ssec.7) In this section— charging order see section 90 (5) of the Act . restraining order , for money in court or securities in court, means a court order restraining the payment, transfer, delivery, sale or other dealing with the money or securities.\n- (a) for money in court—the balance of the relevant proceeding or account;\n- (b) for securities in court—a description of the securities;\n- (c) details of any transactions relating to the money in court or securities in court.\n- (a) be in writing, signed by the claimant or solicitor; and\n- (b) include the following information— (i) the name and address of the claimant or their solicitor; (ii) the proceeding or account to which the money in court or securities in court are credited; (iii) the grounds for the claimed entitlement.\n- (i) the name and address of the claimant or their solicitor;\n- (ii) the proceeding or account to which the money in court or securities in court are credited;\n- (iii) the grounds for the claimed entitlement.\n- (i) the name and address of the claimant or their solicitor;\n- (ii) the proceeding or account to which the money in court or securities in court are credited;\n- (iii) the grounds for the claimed entitlement.\n- (a) that the information is current as at the start of the day on which it is given;\n- (b) if the claimed entitlement relates to a proceeding or account on the most recently prepared list of inactive accounts— (i) that the proceeding or account is on the list; and (ii) the matters mentioned in section 26 (2) (b) and (c) ;\n- (i) that the proceeding or account is on the list; and\n- (ii) the matters mentioned in section 26 (2) (b) and (c) ;\n- (c) if the registrar has notice of a restraining order affecting the money or securities— (i) that the registrar has notice of the restraining order; and (ii) the date of the order; and (iii) whether the order affects interest accruing on the money or securities; and (iv) the name of each person for whom the order was made; and (v) the name of each person who, under the order, must be notified of the order;\n- (i) that the registrar has notice of the restraining order; and\n- (ii) the date of the order; and\n- (iii) whether the order affects interest accruing on the money or securities; and\n- (iv) the name of each person for whom the order was made; and\n- (v) the name of each person who, under the order, must be notified of the order;\n- (d) if the claimed entitlement relates to securities in court and the registrar has notice of a charging order affecting the securities— (i) that the registrar has notice of the charging order; and (ii) the date of the order; and (iii) whether the order affects interest accruing on the securities; and (iv) the name of each person for whom the order was made; and (v) the name of each person who, under the order, must be notified of the order.\n- (i) that the registrar has notice of the charging order; and\n- (ii) the date of the order; and\n- (iii) whether the order affects interest accruing on the securities; and\n- (iv) the name of each person for whom the order was made; and\n- (v) the name of each person who, under the order, must be notified of the order.\n- (i) that the proceeding or account is on the list; and\n- (ii) the matters mentioned in section 26 (2) (b) and (c) ;\n- (i) that the registrar has notice of the restraining order; and\n- (ii) the date of the order; and\n- (iii) whether the order affects interest accruing on the money or securities; and\n- (iv) the name of each person for whom the order was made; and\n- (v) the name of each person who, under the order, must be notified of the order;\n- (i) that the registrar has notice of the charging order; and\n- (ii) the date of the order; and\n- (iii) whether the order affects interest accruing on the securities; and\n- (iv) the name of each person for whom the order was made; and\n- (v) the name of each person who, under the order, must be notified of the order.","sortOrder":31},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Inactive accounts","content":"## Inactive accounts","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Meaning of inactive account","content":"### sec.25 Meaning of inactive account\n\nA proceeding or account to which money in court or securities in court are credited is an inactive account on a particular day if, during the 6 year period before that day—\nthere has been no dealing with the money or securities other than—\nthe accrual of interest; or\nthe ongoing investment of the money or securities under a court order; and\na party has not taken a step in the relevant proceeding.\n- (a) there has been no dealing with the money or securities other than— (i) the accrual of interest; or (ii) the ongoing investment of the money or securities under a court order; and\n- (i) the accrual of interest; or\n- (ii) the ongoing investment of the money or securities under a court order; and\n- (b) a party has not taken a step in the relevant proceeding.\n- (i) the accrual of interest; or\n- (ii) the ongoing investment of the money or securities under a court order; and","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Notice about inactive accounts","content":"### sec.26 Notice about inactive accounts\n\nOn or before 1 April in each year, the registrar of a court must—\nprepare a list of the proceedings or accounts that were inactive accounts on 1 January in the year; and\nfile the list in the court; and\nprepare a notice under subsection (2) ; and\ndisplay the notice at an appropriate place in the registry visible to members of the public; and\nsend a copy of the notice to each party to a proceeding to which an inactive account relates; and\npublish the notice on the Queensland Courts website.\nThe notice must—\ncontain the list of inactive accounts; and\nstate that a person claiming an entitlement to money in court or securities in court credited to a proceeding or account on the list of inactive accounts may apply to the court under section 27 for an order for the payment of the money or securities; and\nstate that, if an application mentioned in paragraph (b) is not made by a stated day (the closing day ), the court may make an order—\nfor money in court—that the money be paid into the consolidated fund; or\nfor securities in court—that the securities be sold and that the net proceeds of the sale, including any interest that accrued on the securities, be paid into the consolidated fund.\nThe closing day may not be earlier than 42 days after the later of the following days—\nthe day the notice starts being displayed under subsection (1) (d) ;\nthe day the notice starts being published under subsection (1) (f) .\nThe notice must be sent to a party under subsection (1) (e) at least 42 days before the closing day.\nThe notice must remain displayed under subsection (1) (d) and published under subsection (1) (f) until the closing day.\nAs well as publishing the notice on the Queensland Courts website, the registrar may publish the notice in another way the registrar considers appropriate.\nIf the registrar incurs a cost for publishing the notice, the registrar may redeem the amount of the cost from the court suitors fund and debit the amount against the amounts held for the inactive accounts in proportion to the balance of each inactive account.\n(sec.26-ssec.1) On or before 1 April in each year, the registrar of a court must— prepare a list of the proceedings or accounts that were inactive accounts on 1 January in the year; and file the list in the court; and prepare a notice under subsection (2) ; and display the notice at an appropriate place in the registry visible to members of the public; and send a copy of the notice to each party to a proceeding to which an inactive account relates; and publish the notice on the Queensland Courts website.\n(sec.26-ssec.2) The notice must— contain the list of inactive accounts; and state that a person claiming an entitlement to money in court or securities in court credited to a proceeding or account on the list of inactive accounts may apply to the court under section 27 for an order for the payment of the money or securities; and state that, if an application mentioned in paragraph (b) is not made by a stated day (the closing day ), the court may make an order— for money in court—that the money be paid into the consolidated fund; or for securities in court—that the securities be sold and that the net proceeds of the sale, including any interest that accrued on the securities, be paid into the consolidated fund.\n(sec.26-ssec.3) The closing day may not be earlier than 42 days after the later of the following days— the day the notice starts being displayed under subsection (1) (d) ; the day the notice starts being published under subsection (1) (f) .\n(sec.26-ssec.4) The notice must be sent to a party under subsection (1) (e) at least 42 days before the closing day.\n(sec.26-ssec.5) The notice must remain displayed under subsection (1) (d) and published under subsection (1) (f) until the closing day.\n(sec.26-ssec.6) As well as publishing the notice on the Queensland Courts website, the registrar may publish the notice in another way the registrar considers appropriate.\n(sec.26-ssec.7) If the registrar incurs a cost for publishing the notice, the registrar may redeem the amount of the cost from the court suitors fund and debit the amount against the amounts held for the inactive accounts in proportion to the balance of each inactive account.\n- (a) prepare a list of the proceedings or accounts that were inactive accounts on 1 January in the year; and\n- (b) file the list in the court; and\n- (c) prepare a notice under subsection (2) ; and\n- (d) display the notice at an appropriate place in the registry visible to members of the public; and\n- (e) send a copy of the notice to each party to a proceeding to which an inactive account relates; and\n- (f) publish the notice on the Queensland Courts website.\n- (a) contain the list of inactive accounts; and\n- (b) state that a person claiming an entitlement to money in court or securities in court credited to a proceeding or account on the list of inactive accounts may apply to the court under section 27 for an order for the payment of the money or securities; and\n- (c) state that, if an application mentioned in paragraph (b) is not made by a stated day (the closing day ), the court may make an order— (i) for money in court—that the money be paid into the consolidated fund; or (ii) for securities in court—that the securities be sold and that the net proceeds of the sale, including any interest that accrued on the securities, be paid into the consolidated fund.\n- (i) for money in court—that the money be paid into the consolidated fund; or\n- (ii) for securities in court—that the securities be sold and that the net proceeds of the sale, including any interest that accrued on the securities, be paid into the consolidated fund.\n- (i) for money in court—that the money be paid into the consolidated fund; or\n- (ii) for securities in court—that the securities be sold and that the net proceeds of the sale, including any interest that accrued on the securities, be paid into the consolidated fund.\n- (a) the day the notice starts being displayed under subsection (1) (d) ;\n- (b) the day the notice starts being published under subsection (1) (f) .","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Payment out order","content":"### sec.27 Payment out order\n\nThis section applies if a person claims an entitlement to money in court or securities in court credited to a proceeding or account on the most recently prepared list of inactive accounts.\nThe person may apply to the court for an order that the chief executive pay the money or securities to the person from the court suitors fund under this section (a payment out order ).\nThe application must be made on or before the closing day or within the further time the court allows.\nThe person must file in the court an affidavit stating the facts relied on for the claim.\nThe person must serve a copy of the application and affidavit on—\nthe registrar of the court; and\neach party to the proceeding to which the money in court or securities in court relate.\nBefore deciding the application, the court may, on application by the person—\norder that the registrar may not apply for a consolidated fund order before a stated day; or\nif the registrar has applied for a consolidated fund order—stay proceedings on the registrar’s application.\nThe court may decide the application by making—\na payment out order; or\nanother order the court considers appropriate.\n(sec.27-ssec.1) This section applies if a person claims an entitlement to money in court or securities in court credited to a proceeding or account on the most recently prepared list of inactive accounts.\n(sec.27-ssec.2) The person may apply to the court for an order that the chief executive pay the money or securities to the person from the court suitors fund under this section (a payment out order ).\n(sec.27-ssec.3) The application must be made on or before the closing day or within the further time the court allows.\n(sec.27-ssec.4) The person must file in the court an affidavit stating the facts relied on for the claim.\n(sec.27-ssec.5) The person must serve a copy of the application and affidavit on— the registrar of the court; and each party to the proceeding to which the money in court or securities in court relate.\n(sec.27-ssec.6) Before deciding the application, the court may, on application by the person— order that the registrar may not apply for a consolidated fund order before a stated day; or if the registrar has applied for a consolidated fund order—stay proceedings on the registrar’s application.\n(sec.27-ssec.7) The court may decide the application by making— a payment out order; or another order the court considers appropriate.\n- (a) the registrar of the court; and\n- (b) each party to the proceeding to which the money in court or securities in court relate.\n- (a) order that the registrar may not apply for a consolidated fund order before a stated day; or\n- (b) if the registrar has applied for a consolidated fund order—stay proceedings on the registrar’s application.\n- (a) a payment out order; or\n- (b) another order the court considers appropriate.","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Consolidated fund order","content":"### sec.28 Consolidated fund order\n\nThis section applies in relation to money in court or securities in court credited to a proceeding or account on the most recently prepared list of inactive accounts.\nAt any time after the closing day, the registrar may apply to the court for an order (a consolidated fund order )—\nfor money in court—that the money be paid into the consolidated fund; or\nfor securities in court—that the securities be sold and that the net proceeds of the sale, including any interest that accrued on the securities, be paid into the consolidated fund.\nHowever, the registrar may not, without the leave of the court, apply for a consolidated fund order if there is a current application for a payment out order for the money or securities.\nSee also section 27 (6) .\nFor this section, an application for a payment out order for the money or securities is current if—\na person made the application on or after the day the notice under section 26 was published and served a copy of the application on the registrar under section 27 (5) ; and\nthe application has not been finally dealt with.\nThe court may grant leave under subsection (3) if the applicant for the payment out order has not prosecuted the application to finality within 3 months after the day it was made or the further time the court allows.\nThe registrar must file in the court—\na copy of the notice published under section 26 ; and\nan affidavit stating that—\nthe registrar has complied with section 26 ; and\nthere is no current application for a payment out order for the money or securities.\nThe court may make a consolidated fund order if satisfied of the matters mentioned in subsection (6) (b) (i) and (ii) .\n(sec.28-ssec.1) This section applies in relation to money in court or securities in court credited to a proceeding or account on the most recently prepared list of inactive accounts.\n(sec.28-ssec.2) At any time after the closing day, the registrar may apply to the court for an order (a consolidated fund order )— for money in court—that the money be paid into the consolidated fund; or for securities in court—that the securities be sold and that the net proceeds of the sale, including any interest that accrued on the securities, be paid into the consolidated fund.\n(sec.28-ssec.3) However, the registrar may not, without the leave of the court, apply for a consolidated fund order if there is a current application for a payment out order for the money or securities. See also section 27 (6) .\n(sec.28-ssec.4) For this section, an application for a payment out order for the money or securities is current if— a person made the application on or after the day the notice under section 26 was published and served a copy of the application on the registrar under section 27 (5) ; and the application has not been finally dealt with.\n(sec.28-ssec.5) The court may grant leave under subsection (3) if the applicant for the payment out order has not prosecuted the application to finality within 3 months after the day it was made or the further time the court allows.\n(sec.28-ssec.6) The registrar must file in the court— a copy of the notice published under section 26 ; and an affidavit stating that— the registrar has complied with section 26 ; and there is no current application for a payment out order for the money or securities.\n(sec.28-ssec.7) The court may make a consolidated fund order if satisfied of the matters mentioned in subsection (6) (b) (i) and (ii) .\n- (a) for money in court—that the money be paid into the consolidated fund; or\n- (b) for securities in court—that the securities be sold and that the net proceeds of the sale, including any interest that accrued on the securities, be paid into the consolidated fund.\n- (a) a person made the application on or after the day the notice under section 26 was published and served a copy of the application on the registrar under section 27 (5) ; and\n- (b) the application has not been finally dealt with.\n- (a) a copy of the notice published under section 26 ; and\n- (b) an affidavit stating that— (i) the registrar has complied with section 26 ; and (ii) there is no current application for a payment out order for the money or securities.\n- (i) the registrar has complied with section 26 ; and\n- (ii) there is no current application for a payment out order for the money or securities.\n- (i) the registrar has complied with section 26 ; and\n- (ii) there is no current application for a payment out order for the money or securities.","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Transfer back order","content":"### sec.29 Transfer back order\n\nThis section applies if—\nunder a consolidated fund order—\nmoney in court is paid from the court suitors fund into the consolidated fund; or\nsecurities in court are sold and the net proceeds of the sale, including any interest that accrued on the securities, are paid into the consolidated fund; and\na person claims an entitlement to the money or securities.\nThe person may apply to the court for an order that the chief executive pay the amount of the money or proceeds into the court suitors fund to the credit of the same proceeding or account to which the consolidated fund order was made (a transfer back order ).\nThe person must file in the court an affidavit stating the facts relied on for the claim.\nThe person must serve a copy of the application and affidavit on—\nthe registrar of the court; and\neach party to the proceeding to which the money in court or securities in court relates.\nThe court may decide the application by making—\na transfer back order; or\nanother order the court considers appropriate.\nUnless the court orders otherwise, no interest accrues on an amount during the period from the day the amount is paid into the consolidated fund under the consolidated fund order to the day the amount is paid into the court suitors fund under the transfer back order.\nA transfer back order does not authorise the payment of an amount from the consolidated fund.\n(sec.29-ssec.1) This section applies if— under a consolidated fund order— money in court is paid from the court suitors fund into the consolidated fund; or securities in court are sold and the net proceeds of the sale, including any interest that accrued on the securities, are paid into the consolidated fund; and a person claims an entitlement to the money or securities.\n(sec.29-ssec.2) The person may apply to the court for an order that the chief executive pay the amount of the money or proceeds into the court suitors fund to the credit of the same proceeding or account to which the consolidated fund order was made (a transfer back order ).\n(sec.29-ssec.3) The person must file in the court an affidavit stating the facts relied on for the claim.\n(sec.29-ssec.4) The person must serve a copy of the application and affidavit on— the registrar of the court; and each party to the proceeding to which the money in court or securities in court relates.\n(sec.29-ssec.5) The court may decide the application by making— a transfer back order; or another order the court considers appropriate.\n(sec.29-ssec.6) Unless the court orders otherwise, no interest accrues on an amount during the period from the day the amount is paid into the consolidated fund under the consolidated fund order to the day the amount is paid into the court suitors fund under the transfer back order.\n(sec.29-ssec.7) A transfer back order does not authorise the payment of an amount from the consolidated fund.\n- (a) under a consolidated fund order— (i) money in court is paid from the court suitors fund into the consolidated fund; or (ii) securities in court are sold and the net proceeds of the sale, including any interest that accrued on the securities, are paid into the consolidated fund; and\n- (i) money in court is paid from the court suitors fund into the consolidated fund; or\n- (ii) securities in court are sold and the net proceeds of the sale, including any interest that accrued on the securities, are paid into the consolidated fund; and\n- (b) a person claims an entitlement to the money or securities.\n- (i) money in court is paid from the court suitors fund into the consolidated fund; or\n- (ii) securities in court are sold and the net proceeds of the sale, including any interest that accrued on the securities, are paid into the consolidated fund; and\n- (a) the registrar of the court; and\n- (b) each party to the proceeding to which the money in court or securities in court relates.\n- (a) a transfer back order; or\n- (b) another order the court considers appropriate.","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Request for information about inactive account","content":"### sec.30 Request for information about inactive account\n\nA person who claims an entitlement to money in court or securities in court relating to a proceeding or account on the most recently prepared list of inactive accounts, or the person’s solicitor, may ask the registrar for information about the money or securities.\nThe request must—\nbe in writing, signed by the person or their solicitor; and\ninclude the following information—\nthe name and address of the person or their solicitor;\nthe proceeding or account to which the money in court or securities in court are credited;\nthe grounds for the claimed entitlement.\nThe registrar may give the requested information to the person or their solicitor if the registrar is satisfied the person has a sufficient interest in the money or securities.\n(sec.30-ssec.1) A person who claims an entitlement to money in court or securities in court relating to a proceeding or account on the most recently prepared list of inactive accounts, or the person’s solicitor, may ask the registrar for information about the money or securities.\n(sec.30-ssec.2) The request must— be in writing, signed by the person or their solicitor; and include the following information— the name and address of the person or their solicitor; the proceeding or account to which the money in court or securities in court are credited; the grounds for the claimed entitlement.\n(sec.30-ssec.3) The registrar may give the requested information to the person or their solicitor if the registrar is satisfied the person has a sufficient interest in the money or securities.\n- (a) be in writing, signed by the person or their solicitor; and\n- (b) include the following information— (i) the name and address of the person or their solicitor; (ii) the proceeding or account to which the money in court or securities in court are credited; (iii) the grounds for the claimed entitlement.\n- (i) the name and address of the person or their solicitor;\n- (ii) the proceeding or account to which the money in court or securities in court are credited;\n- (iii) the grounds for the claimed entitlement.\n- (i) the name and address of the person or their solicitor;\n- (ii) the proceeding or account to which the money in court or securities in court are credited;\n- (iii) the grounds for the claimed entitlement.","sortOrder":38},{"sectionNumber":"pt.2-div.8","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Affidavits","content":"### sec.31 Affidavits\n\nIf the registrar of a court requires evidence of a matter to give effect to an order of the court under the Act , the registrar may accept an affidavit filed in the court as evidence of the matter.\nAn affidavit under subsection (1) must be sworn by the person making it if—\nthe affidavit is made by—\na person entitled to the payment of interest under an order; or\nthe solicitor of a person entitled to the payment of interest under an order; and\nthe affidavit is made to provide—\nevidence of compliance with a condition affecting the payment of the interest; or\nevidence that the person is alive.\n(sec.31-ssec.1) If the registrar of a court requires evidence of a matter to give effect to an order of the court under the Act , the registrar may accept an affidavit filed in the court as evidence of the matter.\n(sec.31-ssec.2) An affidavit under subsection (1) must be sworn by the person making it if— the affidavit is made by— a person entitled to the payment of interest under an order; or the solicitor of a person entitled to the payment of interest under an order; and the affidavit is made to provide— evidence of compliance with a condition affecting the payment of the interest; or evidence that the person is alive.\n- (a) the affidavit is made by— (i) a person entitled to the payment of interest under an order; or (ii) the solicitor of a person entitled to the payment of interest under an order; and\n- (i) a person entitled to the payment of interest under an order; or\n- (ii) the solicitor of a person entitled to the payment of interest under an order; and\n- (b) the affidavit is made to provide— (i) evidence of compliance with a condition affecting the payment of the interest; or (ii) evidence that the person is alive.\n- (i) evidence of compliance with a condition affecting the payment of the interest; or\n- (ii) evidence that the person is alive.\n- (i) a person entitled to the payment of interest under an order; or\n- (ii) the solicitor of a person entitled to the payment of interest under an order; and\n- (i) evidence of compliance with a condition affecting the payment of the interest; or\n- (ii) evidence that the person is alive.","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Things that are not securities— Act , s 75A , definition securities","content":"### sec.32 Things that are not securities— Act , s 75A , definition securities\n\nFor section 75A of the Act , definition securities , paragraph (b) , bank guarantees and personal guarantees are not securities.","sortOrder":41},{"sectionNumber":"pt.3","sectionType":"part","heading":"Transitional","content":"# Transitional","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Definitions for part","content":"### sec.33 Definitions for part\n\nIn this part—\nrepealed regulation means the repealed Court Funds Regulation 2009 .","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Court orders","content":"### sec.34 Court orders\n\nThis section applies in relation to a court order, made before the commencement, that the chief executive deal with money in court or securities in court in a particular way or that the chief executive make a particular payment.\nThe following provisions apply in relation to the court order to the extent the chief executive did not carry out the dealing or make the payment before the commencement—\nsections 10 and 11;\npart 2, division 5.\n(sec.34-ssec.1) This section applies in relation to a court order, made before the commencement, that the chief executive deal with money in court or securities in court in a particular way or that the chief executive make a particular payment.\n(sec.34-ssec.2) The following provisions apply in relation to the court order to the extent the chief executive did not carry out the dealing or make the payment before the commencement— sections 10 and 11; part 2, division 5.\n- (a) sections 10 and 11;\n- (b) part 2, division 5.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Requests to record information about claimant","content":"### sec.35 Requests to record information about claimant\n\nThis section applies in relation to a request made before the commencement under section 27 of the repealed regulation.\nSection 23(4) applies in relation to the request to the extent the registrar did not record information under section 27 of the repealed regulation before the commencement.\n(sec.35-ssec.1) This section applies in relation to a request made before the commencement under section 27 of the repealed regulation.\n(sec.35-ssec.2) Section 23(4) applies in relation to the request to the extent the registrar did not record information under section 27 of the repealed regulation before the commencement.","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Requests for information about money or securities in court","content":"### sec.36 Requests for information about money or securities in court\n\nThis section applies in relation to a request for information made before the commencement under section 29 of the repealed regulation.\nSection 24(4) to (7) applies in relation to the request to the extent the registrar did not give the information under section 29 of the repealed regulation before the commencement.\n(sec.36-ssec.1) This section applies in relation to a request for information made before the commencement under section 29 of the repealed regulation.\n(sec.36-ssec.2) Section 24(4) to (7) applies in relation to the request to the extent the registrar did not give the information under section 29 of the repealed regulation before the commencement.","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"Most recently prepared list of inactive accounts","content":"### sec.37 Most recently prepared list of inactive accounts\n\nUntil a list is first prepared under section 26(1), a reference in this regulation to the most recently prepared list of inactive accounts is a reference to the last list of inactive accounts prepared under section 30 of the repealed regulation.","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Applications for payment out order","content":"### sec.38 Applications for payment out order\n\nThis section applies in relation to an application to the court made under section 31 of the repealed regulation that, on the commencement, had not been finally dealt with.\nThe court may deal with the application under section 27 as if it had been made under that section.\n(sec.38-ssec.1) This section applies in relation to an application to the court made under section 31 of the repealed regulation that, on the commencement, had not been finally dealt with.\n(sec.38-ssec.2) The court may deal with the application under section 27 as if it had been made under that section.","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Applications for consolidated fund order","content":"### sec.39 Applications for consolidated fund order\n\nThis section applies in relation to an application to the court made under section 32 of the repealed regulation that, on the commencement, had not been finally dealt with.\nThe court may deal with the application under section 28 as if it had been made under that section.\n(sec.39-ssec.1) This section applies in relation to an application to the court made under section 32 of the repealed regulation that, on the commencement, had not been finally dealt with.\n(sec.39-ssec.2) The court may deal with the application under section 28 as if it had been made under that section.","sortOrder":49},{"sectionNumber":"sec.40","sectionType":"section","heading":"Applications for transfer back order","content":"### sec.40 Applications for transfer back order\n\nThis section applies in relation to an application to the court made under section 33 of the repealed regulation that, on the commencement, had not been finally dealt with.\nThe court may deal with the application under section 29 as if it had been made under that section.\n(sec.40-ssec.1) This section applies in relation to an application to the court made under section 33 of the repealed regulation that, on the commencement, had not been finally dealt with.\n(sec.40-ssec.2) The court may deal with the application under section 29 as if it had been made under that section.","sortOrder":50},{"sectionNumber":"sec.41","sectionType":"section","heading":"Requests for information about accounts in list","content":"### sec.41 Requests for information about accounts in list\n\nThis section applies in relation to a request for information made before the commencement under section 35 of the repealed regulation.\nSection 30(3) applies in relation to the request to the extent the registrar did not give the information under section 35 of the repealed regulation before the commencement.\n(sec.41-ssec.1) This section applies in relation to a request for information made before the commencement under section 35 of the repealed regulation.\n(sec.41-ssec.2) Section 30(3) applies in relation to the request to the extent the registrar did not give the information under section 35 of the repealed regulation before the commencement.","sortOrder":51}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument continues and consolidates court‑funds administration rules (lodgement, receipts, interest, inactive accounts, and payments) and preserves existing orders and applications via transitional provisions, indicating continuation rather than an expansion of scope (see ss.33–41, and core procedures in pt.2)."},"complexity_factors":["Multiple institutional actors and fund flows—registrar receives lodgements; chief executive remits to and administers the court suitors fund (ss.5,8).","Affidavit and disclosure compliance—mandatory affidavits on lodgement and registrar power to require further information create a paperwork burden (s.6).","Interest calculation rules—rate set at RBA cash rate + 0.5% and periodic accrual/crediting rules with rounding and month-by-month conditions (ss.13–15).","Inactive-account regime—annual lists, public notices, minimum 42‑day closing periods, payment‑out and consolidated fund procedures create time-bound steps and potential loss of access (ss.25–29).","Registrar discretion on information release and satisfaction of claimants’ interest introduces case-by-case assessments (ss.24,30).","Interactions with court orders and estate scenarios—rules for complying with orders, deceased payees, personal representatives and small intestacies add legal-routing complexity (ss.10,11,18–21).","Transitional and cross‑referencing complexity—savings and transitional provisions carry over pending matters from the repealed regulation and reference the Act and charging/restraining orders (ss.33–41; s.24; s.32 referencing Act s.75A)."],"plain_english_summary":"This regulation sets rules for how money and securities lodged in court are paid, held, invested, credited with interest and released, and when dormant court monies may be moved to the government consolidated fund. It affects litigants, solicitors, registrars and the chief executive: payers must file affidavits when lodging funds (s.6); registrars and the chief executive handle receipts, remittances and information requests (ss.5,8,24). Interest is the RBA cash rate plus 0.5% (s.13)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears to maintain its original scope as a procedural mechanism for administering court funds. It replaces the Court Funds Regulation 2009 with updated but functionally equivalent provisions covering the same core activities: receiving, holding, earning interest on, and disbursing court funds. The transitional provisions confirm this is a re-enactment/replacement rather than an expansion."},"complexity_factors":["Moderate length (41 sections) with 8 divisions in Part 2 alone","Multiple defined terms including 'inactive account', 'claimant', 'court suitors fund', 'consolidated fund order', 'payment out order', 'transfer back order', 'restraining order', and 'charging order'","Cross-references to the parent Act (Civil Proceedings Act) particularly for definitions like 'charging order' in section 90(5)","Conditional logic with multiple nested exceptions, particularly in Division 5 (sections 17-21) regarding payment when recipients have died or fees are outstanding","Time-sensitive procedural requirements (e.g., 42-day notice periods, 6-year inactivity thresholds, 15-day calculation deadlines, 3-month prosecution deadlines)","Specific mathematical calculations for interest (RBA rate + 0.5%, rounding down to nearest dollar, minimum monthly balance calculations)","Transitional provisions (Part 3) mapping old regulation sections to new ones, creating parallel applicability rules","Multiple procedural pathways for inactive accounts (payment out orders vs consolidated fund orders vs transfer back orders) with interdependent conditions"],"plain_english_summary":"This regulation sets out the rules for handling money and securities (financial assets like shares or bonds) that are paid into or held by Queensland courts during civil legal proceedings.\n\n**What it does:**\n- **Getting money into court:** If you need to pay money or deposit securities into court (for example, as security for a legal claim or under a court order), you must pay it to the court registrar and file an affidavit (a sworn written statement) explaining the details. The registrar must give you a receipt and send the money to the 'court suitors fund'—a special government account that holds court funds.\n- **Interest on court funds:** Money held in court earns interest at the Reserve Bank cash rate plus 0.5%. Interest is calculated twice yearly on the minimum monthly balance. Interest on securities also gets paid into the fund and credited to the relevant case.\n- **Getting money out of court:** If a court orders money or securities to be paid out, the chief executive must follow that order. There are special rules for:\n  - Deducting unpaid court fees before paying costs awards\n  - What happens if the person entitled to the money dies before receiving it\n  - Paying partnerships\n  - Small estates (under $2,000) where someone died without a will\n- **Inactive accounts:** If money sits in court for 6 years with no activity, the court publishes a list of these 'inactive accounts.' Claimants have about 6 weeks to apply to get their money out. If they don't, the money may be transferred to the government's consolidated fund (general revenue). However, people can later apply to get it transferred back if they prove they're entitled to it.\n- **Information requests:** People who claim they're entitled to money or securities in court can ask the registrar for information about balances, transactions, or whether there are any freezing orders (restraining orders) affecting the funds.\n\n**Who it affects:**\n- Litigants (people involved in court cases) who pay money into court or are entitled to receive it\n- Lawyers acting for clients in civil proceedings\n- Court registrars and the chief executive who administer these funds\n- Executors, personal representatives, and family members of deceased litigants\n\n**Why it matters:**\nThis regulation ensures court funds are handled securely, transparently, and efficiently. It protects people's money while it's held by the court, ensures it earns interest, provides clear processes for claiming funds, and prevents money from sitting idle indefinitely by allowing unclaimed funds to eventually go to government revenue (with a right to claim it back later)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation stays tightly within its stated purpose of replacing and modernising the Court Funds Regulation 2009. It covers the same core subject matter — management of money and securities held by Queensland civil courts — without expanding into unrelated areas. The transitional provisions explicitly bridge the gap with the repealed regulation, confirming continuity of intent."},"complexity_factors":["Multiple interconnected processes (paying in, managing, paying out, inactive accounts) each with their own procedural steps","Several defined terms with technical meanings (e.g. 'securities', 'court suitors fund', 'consolidated fund', 'inactive account', 'payment out order', 'consolidated fund order', 'transfer back order')","Cross-references between sections and to the parent Act (Civil Proceedings Act), requiring readers to consult multiple documents","Detailed interest calculation rules with specific conditions about when interest does and does not accrue","Multiple contingency scenarios (death of payee, death of personal representative, intestacy, partnerships) each with different procedural requirements","Transitional provisions requiring readers to compare this regulation with the repealed 2009 regulation","Deadlines and timing rules scattered across multiple sections (e.g. 15-day, 42-day, 3-month, 6-year periods)","Layered approval processes involving multiple parties (registrar, chief executive, court) with different roles at each stage"],"plain_english_summary":"The regulation governs how Queensland civil courts handle money and investments paid into court, who can claim them, and how they’re released—generally only by court order—affecting litigants, estate representatives, businesses and their lawyers. Interest accrues at the RBA cash rate plus 0.5%, calculated monthly and credited semi‑annually.\n\nAccounts with no activity for six years are listed annually; unclaimed funds can be moved to the state’s consolidated fund (but remain reclaimable). Existing matters under the old rules continue."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/civil-proceedings-regulation-2024","history":"/api/acts/civil-proceedings-regulation-2024/history","analysis":"/api/acts/civil-proceedings-regulation-2024/analysis","conflicts":"/api/acts/civil-proceedings-regulation-2024/conflicts","importantCases":"/api/acts/civil-proceedings-regulation-2024/important-cases","documents":"/api/acts/civil-proceedings-regulation-2024/documents"}}