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Court Procedures Rules
1622Interest after judgment—usual order as to interest
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1622 Interest after judgment—usual order as to interest
(1) This rule applies if the court order in relation to a judgment debt or
costs awarded is expressed to be the usual order as to interest.
(2) Subject to this rule, interest is payable on the amount of the judgment
debt, and on any costs awarded, at the rate that applies, from time to
time, under rule 1620.
Rule 1622
(3) Interest is not payable on the amount of the judgment debt if, not later
than 28 days after the date of the judgment—
(a) the debt is paid; and
(b) the plaintiff gives the defendant notice from Medicare Australia
confirming that no amount of the debt is payable to Medicare
Australia; and
(c) the defendant has not been given a notice under—
(i) the Social Security Act 1991 (Cwlth), section 1182
(Secretary may send preliminary notice to potential
compensation payer or insurer) (a preliminary
compensation recovery notice); or
(ii) the Social Security Act 1991 (Cwlth), section 1184
(Secretary may send recovery notice to compensation
payer or insurer) (a compensation recovery notice).
(4) Interest is not payable on the amount of the judgment debt if, not later
than 28 days after the date of the judgment, the defendant—
(a) pays to Medicare Australia—
(i) the amount of any charge stated in a Medicare Australia
notice of charge given to the defendant; or
(ii) if the defendant has not been given a Medicare Australia
notice of charge—10% of the judgment debt; and
(b) pays to the plaintiff—the remainder of the judgment debt.
(5) Interest is not payable on the amount of the judgment debt while a
preliminary compensation recovery notice given to the defendant has
Note For the effect of a notice, see the Social Security Act 1991 (Cwlth),
s 1184B (Preliminary notice or recovery notice suspends liability to pay
compensation).
Rule 1623
(6) Interest is not payable on the amount of the judgment debt if—
(a) the defendant is given a compensation recovery notice; and
(b) the defendant pays the amount of the judgment debt, less any
amount owing to the Commonwealth under the notice, to the
plaintiff not later than 28 days after the later of the following:
(i) the day the judgment takes effect;
(ii) the day the defendant receives the notice.
(7) Interest is not payable on any amount awarded for costs if the amount
is paid not later than 28 days after—
(a) the day the parties agree on the amount; or
(b) if paragraph (a) does not apply—the day the costs are assessed.