Notice of payment into court (Rules 268(4)(a) and 776(2)) (Form 20)

Part 8 of the Supreme Court Rules 2000 (Tas) lets a defendant pay a sum into court in satisfaction of the claim or of one or more causes of action (r 268(1)). The payment is made after the defendant has appeared, on or after the day notice of it is given to the plaintiff, and before the trial starts (r 268(2)). The notice must be in the prescribed form (r 268(4)(a)), which is Form 20, and can be modified, withdrawn or amended only with leave (r 268(4)(b)). The plaintiff then has 14 days, or until the trial starts if earlier, to accept (r 269(1)).

When you need it

• You are a defendant (or a defendant to a counterclaim, r 274) and want to put a sum in court that you say is enough to satisfy the claim.
• You are increasing an amount already paid in before trial (r 268(5)).
• Where only some of several defendants pay in, they must also give notice to the other defendants (r 272(2)).

1. 1

   Heading

   Copy the registry, file number and party names from the action.

2. 2

   Amount and claim

   State the sum paid in and whether it is said to satisfy the plaintiff's whole claim or a particular claim or cause of action.

3. 3

   Compensation recovery statement

   If the defendant or its insurer is a compensation payer under the Social Security Act 1991 (Cth) or the Health and Other Services (Compensation) Act 1995 (Cth), endorse the notice with a statement that rule 273 applies, or file and serve one separately (r 273(2)).

4. 4

   Date, sign and address

   Date it, sign it as the defendant or the defendant's practitioner, and address it to the Registrar (naming the registry) and to the plaintiff or the plaintiff's practitioner.

• Pay the money into court at the registry and give the plaintiff the notice. The payment must be on or after the day notice is given and before the trial starts (r 268(2)).
• The plaintiff accepts by notifying the defendant in writing within 14 days of receiving the notice or before the trial starts, whichever is earlier (r 269(1)-(2)).
• On acceptance the money and any interest earned are paid out and the proceedings on that claim are stayed (r 269(3)-(5)). Rule 299 applies if the plaintiff is a person under disability.

• Do not mention the payment in a pleading or to the judge or jury until liability and the amount are decided (r 275(1)). The Court takes it into account on costs (r 275(2)).
• A plaintiff who accepts can generally tax costs up to acceptance, but not until 7 days after receiving the money (r 269(6)-(7)).
• If the plaintiff does not accept and then gets judgment, the interest earned on the money paid in goes to the defendant (r 271).