Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 4 June 2020 at 05:41)
Part 55 Division 3
Division 3 Payment into court
55.8   Application
(cf SCR Part 70, rule 10)
This Division applies to the payment of funds into court under Part 4 of the Trustee Act 1925 and to proceedings arising out of payment into court under that Part.
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.
55.10   Affidavit in support of summons
(cf SCR Part 70, rule 13)
The affidavit under rule 55.9 must set out the following—
(a)  a short description of the trust and of the instrument creating it or, as the case may be, of the circumstances in which the trust arose,
(b)  the amount and description of the funds,
(c)  the name and address, so far as known to the deponent, of each person interested in or entitled to the funds,
(d)  if any person interested in or entitled to the funds is a minor—
(i)  the name and address, so far as known to the deponent, of a parent or guardian of the minor’s person or estate, or
(ii)  if the minor has no such parent or guardian or any such parent’s or guardian’s name or address is unknown to the deponent, the name and address, so far as known to the deponent, of a person with whom the minor resides or in whose care the minor is,
(e)  if any person interested in or entitled to the funds is a protected person—
(i)  the name and address, so far as known to the deponent, of the protected person’s manager, or
(ii)  if the protected person has no manager or any such manager’s name or address is unknown to the deponent, the name and address, so far as known to the deponent, of a person with whom the protected person resides or in whose care the protected person is,
(f)  the name of the person paying the funds into court and his or her address for service.
55.11   Proceedings for directions as to payment out of court
(1)  Funds that have been paid into court may only be paid out of court pursuant to the directions of the Supreme Court.
(2)  An application for such directions is to be made by filing a notice of motion in the proceedings in which the funds were paid into court.
55.12   Inquiries
(cf SCR Part 70, rule 15)
A person paying funds into court must answer all such inquiries relating to the application of the funds as the Supreme Court may make or direct.
55.13   (Repealed)