STATUTORY RULES.

1941. No. 122.

HIGH COURT OF AUSTRALIA.

Rule of Court.*

As of Tuesday the sixth day of May, 1941.

PURSUANT to the Judiciary Act 1903-1940 and the High Court Procedure Act 1903-1937 and to all other powers thereunto enabling it is ordered as follows:—

Order LVII is amended by adding at the end thereof the following rule:—

15. Subject to the provisions of Orders XXI and XXVIII, moneys or funds in Court or paid into or lodged in Court shall be governed by the following rules:—

(a) Every order which directs funds to be paid into or lodged in Court shall direct the credit to which the funds are to be placed.

(b) Every order which directs funds in Court to be paid, sold, transferred, delivered, or carried over to any other credit than that to which the same are standing or be otherwise dealt with shall state the particulars of the payment or other operation to be carried out.

(c) All funds lodged in Court under any order shall be paid into the Commonwealth Bank of Australia to the credit of an account, High Court of Australia Suitors’ Fund.

(d) No funds so lodged with the Bank shall be withdrawn or paid from the Bank otherwise than under the authority or order of the Court or a Justice, Provided That the Bank may make payments under orders signed by the Principal Registrar or a District Registrar and countersigned by an officer or person nominated by one of the Law Officers of the Crown without inquiry whether any such order has been made.

(e) The Court or a Justice may direct that any funds lodged or to be lodged into Court under any order shall be deposited at interest in the said Bank or invested at interest in Stock or securities of the Government of the Commonwealth of Australia in the name of the Principal Registrar or of one of the District Registrars and an officer nominated by one of the Law Officers of the Crown.

(f) The Court or a Justice may also direct how and in what manner and in what amounts and to what accounts such interest shall be credited.

(g) “Funds” in this rule means any money, Government Stock, bonds or securities or any other investments of money.

G. E. RICH A.C.J.

H. E. STARKE J.

EDWARD A. McTIERNAN J.

DUDLEY WILLIAMS J.

J. G. Hardman, Principal Registrar.

* Notified in the Commonwealth Gazette on 29th May, 1941

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

3116.—Price 3d.