ACTIn ForceRegulation
Court Procedures Rules
3267Payment into court—acceptance
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3267 Payment into court—acceptance
(1) The claimant may accept an amount paid into court by a respondent
in satisfaction of a claim by serving a notice of acceptance on the
respondent (or, if the payment was made by 1 of 2 or more
respondents, each respondent)—
(a) not later than 14 days after the day notice of the payment into
court is served on the claimant; or
(b) if 2 or more payments into court have been made—not later than
14 days after the day notice of the last payment into court is
served on the claimant.
(2) If the respondent paid the amount into court by bond or security, the
respondent must pay into court the amount of the bond or security not
later than 14 days after the day the notice of acceptance is served on
the respondent.
(3) If the respondent does not comply with subrule (2), the respondent is
not entitled to any advantage under this division, and the claimant
may—
(a) withdraw the claimant’s acceptance by notice; or
(b) ask the registrar to assign the bond or security to the claimant so
the claimant can enforce it.
(4) If the amount was paid into court by 1 of 2 or more respondents, the
amount may be paid out only—
(a) with the agreement of the parties to the agreement; or
(b) in accordance with a certificate of the arbitral tribunal.
Rule 3268
(5) Unless the arbitral tribunal otherwise awards, payment must be made
to—
(a) the claimant; or
(b) if the claimant has given written authority for payment to be
made to the claimant’s solicitor—the claimant’s solicitor.
(6) If payment out of court is made in accordance with this rule, the claim
is permanently stayed.