sec.17Payment of amount awarded as costs after paying outstanding fees

sec.17 Payment of amount awarded as costs after paying outstanding fees

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. 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. 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. (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. (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. (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.

• (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
• (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
• (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.
• (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