Civil Proceedings Regulation 2024 (Qld)

Civil Proceedings Regulation 2024

Part 1 Preliminary

1 Short title This regulation may be cited as the Civil Proceedings Regulation 2024.

2 Commencement This regulation commences on 1 September 2024.

3 Dictionary The dictionary in schedule 1 defines particular words used in this regulation.

Part 2 Court funds

Division 1 Paying money or depositing securities into court

4 References to payments or deposits into court In this division— (a) a reference to paying an amount into court is a reference to paying an amount into court under a law or a court order; and (b) a reference to depositing securities into court is a reference to depositing securities into court under a law or a court order.

5 Payment or deposit to be made to or with registrar (1) An amount to be paid into court must be paid to the registrar. (2) Securities to be deposited into court must be deposited with the registrar.

6 Affidavit to be filed for payment or deposit (1) If a person pays an amount into court or deposits securities into court, the person must file an affidavit in the court. (2) The affidavit must— (a) state the name of the person by or for whom the payment or deposit is made; and (b) state— (i) for a payment—the amount; or (ii) for a deposit—the number and face value of the securities; and (c) state the way the payment or deposit is made; and (d) either— (i) for a payment or deposit made under a law—specify the law, including the provision of the law; or (ii) for a payment or deposit made under a court order—include, as an exhibit, a copy of the order; and (e) briefly describe the circumstances in which the payment or deposit is made; and (f) ask the registrar to receive the money or securities. (3) If the person files an affidavit but the registrar considers it does not give enough information about the payment or deposit, the registrar may, by written notice, require the person to file another affidavit giving further stated information relating to the payment or deposit. (4) The person must comply with the requirement. Note— A requirement under this section is in addition to any requirement under rules of court or another law to file, serve or give an affidavit or other document relating to the payment or deposit.