Acceptance of sum paid into court (Form 21)

Part 8 of the Supreme Court Rules 2000 (Tas) lets a defendant pay a sum into Court in satisfaction of a claim, or of one or more causes of action, after appearing and before the trial starts, with notice to the plaintiff (r 268). Under rule 269, the plaintiff may accept the whole or part of the money specified in the notice within 14 days after receiving it, or before the trial starts if that is earlier, and must notify the defendant in writing. Form 21 is the prescribed notice of acceptance. Once notice is given the plaintiff is entitled to the money and any interest earned on it, the registrar pays it out, and further proceedings on the claim or cause of action it relates to are stayed (r 269(3)-(5)).

When you need it

• A defendant has paid money into Court and served a notice of payment (Form 20), and you want to accept it.
• You are accepting in satisfaction of the whole claim, or of the particular cause of action the payment was made for.
• You are still within 14 days after receiving the notice of payment, and the trial has not started (r 269(1)).
• Where the plaintiff is a person under disability, acceptance is not valid without the approval of the Court or a judge (r 299(1)).

1. 1

   Copy the heading

   Use the registry (Hobart, Launceston or Burnie), proceeding number and party names from the writ. The Supreme Court Forms Rules 2000 require each form to carry the title, heading and footer from Form 1.

2. 2

   State the sum accepted

   Insert the sum exactly as it appears in the defendant's notice of payment.

3. 3

   Name the paying defendant and what you accept it for

   Name the defendant who made the payment and choose the wording that fits: in satisfaction of the claim in respect of which it was paid, or in satisfaction of the claim against that defendant.

4. 4

   Date and sign

   The plaintiff or the plaintiff's practitioner signs and dates the notice.

5. 5

   Complete the addressees and footer

   Address it to the Registrar (or District Registrar) at your registry and to the defendant or the defendant's practitioner, and fill in the footer with the filing party's details (r 79).

• Give the notice to the defendant (r 269(2)), for example by leaving or posting it to the defendant's address for service, or by email if an email address for service has been given (r 144).
• Lodge it with the registry where the proceeding is running, in person, by prepaid post, or by email if you are approved to lodge by email (rr 83, 87A).
• The registrar pays the money to the plaintiff or, on the plaintiff's written authority, to the plaintiff's practitioner (r 269(4)).
• Costs: unless the Court orders otherwise, you may tax your costs to the time of acceptance and sign judgment for them, but not tax until 7 days after receiving the money, and not sign judgment until 2 days after taxation (r 269(6)-(7)).
• Where several defendants are sued jointly or in the alternative, give notice of acceptance to each defendant who joined in the payment (r 272(3)).

• Count the 14 days from when you received the notice of payment, not from when the money was paid in.
• If you accept only part of the money, the balance stays in Court and is paid out only under a memorandum signed by every party or an order (r 270(1)).
• Rule 269 does not apply to an admiralty action or to a cause of action met with a defence of tender before action (r 269(9)).