Payment into Court (Form 13)

Rule 92 of the Magistrates Court (Civil Division) Rules 1998 (Tas) lets a party, with or without an admission of liability, pay to a registrar before final judgment a sum it considers enough to satisfy the claim against it, plus the other party's costs up to the time of payment. On paying in, the party must file and serve written notice of the payment (r 93(1)), and Form 13 is the court's notice. The notice must specify the sum referable to the money claimed and the sum offered for costs (r 93(2)); if it does not, the payment is taken to relate only to the money claimed and the accepting party is entitled to costs up to the date of payment (r 93(3)). The other party may accept by filing and serving a written notice, which operates as full satisfaction of the claim, and judgment in those terms is final (r 94). Like an offer of compromise, a payment in can affect costs at trial (r 141).

When you need it

• You are a defendant (or third party) and want to back a settlement offer with money actually paid to the court.
• You want the costs protection in rule 141 while the case continues.
• You accept you owe some money but dispute the full claim, or want to settle without admitting liability.

1. 1

   Heading and addressee

   Enter the registry, its address, the action number, the claimant and defendant, and in 'To' the party the payment is meant to satisfy.

2. 2

   Who paid and how much

   Name the paying party and their role (claimant, defendant, third party) and insert the sum paid into court in full and final settlement of their liability to the named party.

3. 3

   Costs

   Delete 'includes' or 'does not include' costs. Rule 93(2) requires the notice to specify the amount for the claim and the amount for costs, so state the split clearly.

4. 4

   Liability

   Delete 'with' or 'without' to show whether the payment is made with an admission of liability (r 92(1)).

5. 5

   Date, sign and footer

   Date and sign the notice and complete the 'filed by' footer with your address for service.

• Pay the money to a registrar (r 92(1)), then file the notice and serve it on the other party (r 93(1)). Ask the registry how it takes payments into court.
• The notice can be served by rule 40(3) methods such as ordinary prepaid post to the address for service. Keep proof of service (r 43).
• The other party accepts by filing and serving a notice of acceptance (r 94(1)); the registrar then sends the money to the party entitled under that notice (r 95(2)).
• If the payment is not accepted, the money is sent to whoever is entitled to it once the proceeding is decided (r 95(1)).

• Do not tell the trial magistrate about the payment; it is not to be communicated to the magistrate hearing the trial before final judgment (r 96(1)).
• If the claimant's final judgment is equal to or less than the payment, unless the Court orders otherwise the claimant only gets costs up to the date of payment and the defendant gets costs after that (r 141(2)).
• Leaving out the costs figure has a price: the accepting party is then entitled to costs up to the date of payment on top of the sum paid (r 93(3)).