New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 55.9

55.9 Proceedings for directions as to payment into court

(cf SCR Part 70, rules 11 and 12)

(1) If a trustee proposes to pay money or securities into court, the trustee must commence proceedings in the court by filing a summons seeking to have the money or the securities paid into court.

(2) The summons--

(a) must be supported by an affidavit that complies with rule 55.10, and

(b) if the payment is wholly or partly money, must be accompanied by a cheque payable to "The Supreme Court of New South Wales" in the amount of the money to be paid into court.

(3) If the money is paid into court by a cheque, the money is to be taken to have been paid into court on the filing of the summons, without the need for any further directions.

(4) Unless the Supreme Court otherwise orders, the summons must not join any person as a defendant in the proceedings.

(5) Unless the Supreme Court otherwise orders, a copy of the summons must be served on each person identified in the affidavit as a person interested in or entitled to the money or securities.

(6) A person paying money or securities into court may make an application, by notice of motion in the proceedings in which the money or securities were paid, for an order that the person's costs be payable from the money or securities.