Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 23.10

10. (1) An applicant may, within the time fixed by sub-rules (2), (3) and (4),
accept money brought into Court in satisfaction of the cause of action in
answer to which the money is brought in, as against the respondent bringing
the money into Court.

(2) Where the notice of deposit or last notice of deposit, in answer to a
cause of action is filed before the beginning of the trial, the applicant may
accept the money in satisfaction of the cause of action within 14 days after
service on him of the notice of deposit, or last notice of deposit, but before
the beginning of the trial, by filing a notice of acceptance in the prescribed
form.

(3) Where the notice of deposit, or last notice of deposit in answer to a
cause of action is filed after the beginning of the trial, or a respondent, by
notice served on the applicant after the trial begins, confirms a notice of
deposit, the applicant may, subject to sub-rule (4), accept the money in
satisfaction of the cause of action within two days after service on him of
the notice or the last notice, by announcement to the Court during the trial
or by filing a notice of acceptance.

(4) An applicant shall not accept money in a case to which sub-rule (3)
applies-

   (a)  where the trial is before a jury-after the Judge begins to sum up to
        the jury; or

   (b)  in any other case-after the Judge gives his decision or begins to give
        his reasons for decision.

(5) A respondent who serves notice of confirmation under sub-rule (3) shall
file the notice on the day of service.

(6) An applicant who accepts money by announcement to the Court under sub-rule
(3) shall file a notice of acceptance in the prescribed form on the day of the
announcement.

(7) Where an applicant claims on more than one cause of action and he accepts
money brought into Court in answer to some one or more but not all of the
causes of action, he may, by filing a notice (which may be combined with his
notice of acceptance), abandon all his causes of action other than the
cause of action to which the acceptance relates.

(8) Where an applicant claims against two or more respondents on a cause of
action against them jointly, and he accepts money brought into Court by one or
more but not all of those respondents in answer to that cause of action, he
may, by filing a notice (which may be combined with his notice of acceptance),
abandon his cause of action against the other or all the others of those
respondents.

(9) A notice of acceptance shall be in accordance with the form numbered 33 in
the First Schedule.

(10) An applicant who accepts money under this rule shall, subject to rule 13,
be entitled to receive payment of the money without any order.