Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

1979 No. 140 FEDERAL COURT RULES - RULE 23.11

Effect of acceptance
11. (1) On an applicant accepting money under rule 10 in satisfaction of a
cause of action as against any respondent bringing money into Court, the
proceeding shall be stayed in relation to-

   (a)  that cause of action, as against that respondent;

   (b)  any alternative cause of action against that or any other respondent;

   (c)  any cause of action abandoned under sub-rule 10 (7) or sub-rule 10
        (8); and

   (d)  where the respondent, in bringing the money into Court, has taken into
        account a cause of action on a cross-claim by him as mentioned in rule
        8, that cause of action on the cross-claim as against the applicant.

(2) Where a respondent brings money into Court in answer to a cause of action,
and the applicant accepts the money in satisfaction of the cause of action as
against that respondent the liability of any other person (whether a party to
the proceeding or not) jointly with that respondent on the cause of action-

   (a)  shall be satisfied in the amount of the money accepted; but

   (b)  shall not be discharged by the acceptance except to the extent of that
        satisfaction.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback