Civil Proceedings Regulation 2024
sec.6Affidavit to be filed for payment or deposit
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sec.6 Affidavit to be filed for payment or deposit
If a person pays an amount into court or deposits securities into court, the person must file an affidavit in the court. 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. 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. The person must comply with the requirement. A 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. (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. (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. (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. (sec.6-ssec.4) The person must comply with the requirement.
- (a) state the name of the person by or for whom the payment or deposit is made; and
- (b) state— (i) for a payment—the amount; or (ii) for a deposit—the number and face value of the securities; and
- (i) for a payment—the amount; or
- (ii) for a deposit—the number and face value of the securities; and
- (c) state the way the payment or deposit is made; and
- (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