UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.25 Defence of tender

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.25

14.25 Defence of tender

(cf SCR Part 15, rule 24; DCR Part 10, rule 1A; LCR Part 9, rule 1)

(1) If, in proceedings on a liquidated claim, a defence of tender before commencement of the proceedings is pleaded, the tender is not available as a defence unless and until the amount has been paid into court.

(2) In the case of a tender to which section 224 of the Customs Act 1901 of the Commonwealth applies--

(a) subrule (1) does not apply to a defence that pleads the tender, and

(b) the amount tendered may be paid into court when the defence is filed.

(3) On paying the money into court, the defendant must file notice of the payment into court and serve the notice on each other party to the proceedings.

(4) The plaintiff may accept the money by filing a notice of acceptance.

(5) If the plaintiff accepts the money, the proceedings are to be stayed in relation to the defence of tender.

(6) Whether or not accepted, the money must not be paid out except by order of the court.