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Court Procedures Rules
1618Person with legal disability—orders about recovered
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1618 Person with legal disability—orders about recovered
amounts etc
(1) The court may make an order directing how an amount recovered,
awarded or agreed to be paid in a proceeding in relation to the claim
for relief of a person with a legal disability (the claimant) must be
dealt with.
Note An amount ordered to be paid to a person with a legal disability must be
paid into court and, unless the court otherwise directs, be paid out to the
public trustee and guardian (see Public Trustee and Guardian Act 1985,
s 25).
Rule 1618
(2) Without limiting subrule (1), the court may, by order, direct—
(a) the payment of all or part of the amount to—
(i) the claimant or the claimant’s litigation guardian for—
(A) expenses incurred by or paid for the claimant; or
(B) the maintenance or benefit of the claimant; or
(ii) the claimant’s solicitor for costs; or
(b) the investment of all or part of the amount for the claimant in
the way stated in the order; or
(c) the investment of all or part of the interest received from an
investment under this rule for the claimant in the way stated in
the order; or
(d) the changing of an investment made for the claimant under this
rule; or
(e) the sale of securities in which an amount is invested for the
claimant under this rule at the time, and on the conditions, stated
in the order; or
(f) the payment of all or part of the amount, or the transfer of a
security or investment under this rule (including an account with
an authorised deposit-taking institution), for the claimant.
amount includes an amount of damages.
Rule 1618A