Australian Capital Territory Repealed Regulations

This legislation has been repealed.

MAGISTRATES COURT (CIVIL JURISDICTION) RULES 2004 (REPEALED) - REG 97

    (1)     This section applies to money ordered or agreed to be paid in proceedings referred to in section 96, other than—

        (a)     money due to a person who has not attained full age as salary, wages or otherwise in respect of his or her employment; and

        (b)     money paid to the public trustee under the Public Trustee Act 1985 , section 25.

    (2)     The court may, at any time and on the application of the registrar or on its own initiative, by order, direct how money to which this section applies shall be dealt with and, in particular, but without limiting the generality of the foregoing, the court may, by order, direct—

        (a)     the payment of all or part of the money to the person under disability, or to the next friend of that person, in respect of expenses incurred or amounts paid by, for or on behalf of the person under disability for his or her maintenance or benefit, or to his or her legal practitioner in respect of costs; and

        (b)     the investment of all or part of the money on behalf of the person under disability in a specified way; and

        (c)     the investment of all or part of the interest received from an investment referred to in this section on behalf of the person under disability in a specified way; and

        (d)     the variation of an investment referred to in this section; and

        (e)     the sale of securities in which all or part of the money is invested at a specified time and on specified conditions; and

        (f)     the payment of all or part of the money, or the transfer of a security or an investment referred to in this section, to a person entitled to it.

    (3)     On receiving a request from a parent, guardian or next friend of a person who has not attained full age, the registrar shall apply to the court for directions under subsection (2) as to the payment, out of money to which this section applies that has been invested or remains in court, of an amount for the maintenance or benefit of the person under disability, and the registrar shall transmit to the court, together with the application, his or her recommendations.

    (4)     A request under subsection (3) shall—

        (a)     be in writing; and

        (b)     specify the amount sought to be paid; and

        (c)     be accompanied by an affidavit, or, with the consent of the registrar, a statutory declaration, verifying the amount sought to be paid and stating the reason for the request.

    (5)     Unless the court otherwise orders, it is not necessary for a person to appear before the court in connection with an application by the registrar for an order under subsection (2).

    (6)     If the court has not made an order under subsection (2) for the investment or payment of any money to which this section applies that was paid into court, the registrar shall, on behalf of the person under disability, invest that money in securities of the Commonwealth or by deposit in a saving bank, and he or she shall invest in like way any interest received from an investment referred to in this subsection.

    (7)     Nothing in this section affects the lien of a solicitor for costs.