Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 23.13

Order for payment out after acceptance
13. (1) Where an applicant accepts money in satisfaction of a cause of action,
the money shall not be paid out except by order of the Court in the following
cases:

   (a)  if the applicant claims on the cause of action against two or more
        respondents and any of those respondents does not join in bringing the
        money into Court and does not consent to the payment out;

   (b)  if the applicant claims on an alternative cause of action against a
        respondent who does not join in bringing the money into Court and does
        not consent to the payment out;

   (c)  if the money is brought into Court in answer to a cause of action to
        which the respondent bringing the money into Court pleads or otherwise
        properly raises a defence of tender before the commencement of the
        proceeding;

   (d)  if the applicant accepts the money after the beginning of the trial;

   (e)  if the applicant represents other persons pursuant to Order 6, rule
        13; or

   (f)  if the applicant is a person under disability.

(2) On motion for an order under sub-rule (1), the Court shall, so far as
practicable, deal with all the costs of the proceeding.



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