Civil Proceedings Regulation 2024
sec.26Notice about inactive accounts
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sec.26 Notice about inactive accounts
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. 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. 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) . The notice must be sent to a party under subsection (1) (e) at least 42 days before the closing day. The notice must remain displayed under subsection (1) (d) and published under subsection (1) (f) until the closing day. As well as publishing the notice on the Queensland Courts website, the registrar may publish the notice in another way the registrar considers appropriate. 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. (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. (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. (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) . (sec.26-ssec.4) The notice must be sent to a party under subsection (1) (e) at least 42 days before the closing day. (sec.26-ssec.5) The notice must remain displayed under subsection (1) (d) and published under subsection (1) (f) until the closing day. (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. (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.