sec.29Transfer back order

sec.29 Transfer back order

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. 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 ). The person must file in the court an affidavit stating the facts relied on for the claim. 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. The court may decide the application by making— a transfer back order; or another order the court considers appropriate. 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. A transfer back order does not authorise the payment of an amount from the consolidated fund. (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. (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 ). (sec.29-ssec.3) The person must file in the court an affidavit stating the facts relied on for the claim. (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. (sec.29-ssec.5) The court may decide the application by making— a transfer back order; or another order the court considers appropriate. (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. (sec.29-ssec.7) A transfer back order does not authorise the payment of an amount from the consolidated fund.

• (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