Tasmanian Numbered Regulations

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SUPREME COURT RULES 2000 (S.R. 2000, NO. 8) - REG 776

Payment into Court
(1)  A party to an arbitration agreement may pay into Court a sum of money in satisfaction of all or any of the claims made by an opposite party –
(a) within 28 days after the date fixed for the commencement of the arbitration; or
(b) with the leave of the arbitrator, after the expiry of that period.
(2)  A person who pays a sum of money into Court under subrule (1) within the period set out in that subrule is to give notice of the payment in accordance with the prescribed form.
(3)  With the leave of the arbitrator, a party may increase, decrease or withdraw a sum of money paid into Court by that party.
(4)  With the leave of the arbitrator, the party in respect of whose claim the sum of money was paid may accept that sum of money in full satisfaction of the claim.
(5)  An arbitrator who gives leave under subrule (3) or (4) is to deliver to the Principal Registrar a memorandum providing for the disposition of the money in Court.
(6)  The arbitrator is to deliver any part of an award providing for the disposition of money in Court to the Principal Registrar.
(7)  The Principal Registrar may deal with money in Court in accordance with the instructions of the arbitrator.
(8)  If any doubt or dispute arises as to the action to be taken by the Principal Registrar, the Principal Registrar, after giving notice to the parties, may refer the doubt or dispute to a judge.
(9)  In this rule,
arbitrator includes umpire or umpire and arbitrators, as the case may be.
(10)  Part 8 applies, with any necessary modifications, to a payment into Court under the Act.



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