Superior Court Rules

ORDER 113

THE LIFE ASSURANCE COMPANIES (PAYMENT INTO COURT) ACT, 1896

1. In this Order ‘the Act’ means the Life Assurance Companies (Payment into Court) Act, 1896.

2. An assurance company desiring to make a payment into court under the Act shall cause an affidavit, by its secretary, or other authorised officer, to be filed, entitled ‘In the matter of the Policy No. effected with (here give the name of the company)’ and in the matter of the Act, and setting forth:

(a) a short description of the policy and a statement of the persons entitled thereunder, according to the terms of the policy, with the names and addresses of such persons, as far as the same are known to the company;

(b) a short statement of the notices received by the company claiming an interest in or title to the money assured, the dates when such notices were received, the dates of withdrawal of such notices (if any) as have been withdrawn, and the names, and, except as to notices withdrawn, the addresses, as far as the same are known to the company, of the persons by whom such notices have been given;

(c) a statement that, in the opinion of the board of directors of the company, no sufficient discharge can be obtained otherwise than by payment into court under the Act;

(d) the submission by the company to pay into court such further sum (if any), whether for interest or otherwise, as the court may direct, and to pay any costs which the court may consider under the circumstances of the case ought to be paid by the company;

(e) an undertaking by the company forthwith to transmit to the Accountant any notice of claim received by the company after the making of the affidavit, with a letter referring to the title of the affidavit;

(f) the place where the company may be served with any summons, order, or notice of any proceedings relating to the money.

3. A lodgement schedule in the same printed form as the lodgement schedule to an order, stating the title and address of the company, the amount of the money proposed to be lodged, and the ledger credit to which the same is to be placed, shall be annexed to the affidavit.

4. The company shall not deduct any costs or expenses of or incidental to the payment into court.

5. No payment shall be made into court under the Act where any action to which the company is a party is pending in relation to the policy or the moneys thereby assured, except by leave of the court to be obtained in the action.

6. The company shall forthwith give notice of such payment by post to the several persons appearing by the affidavit to be entitled to or interested in the money assured and paid into court, or to have given notice of claim to the company, except where the notice has been withdrawn, and except so far as the name or address of any such person is unknown to the company.

7. Any person claiming to be entitled to or interested in the money paid into court may apply by special summons in respect thereof.

8. Unless the court shall otherwise direct, the applicant shall not, except when he asks for payment of a further sum of costs by the company, serve such summons on the company, but shall serve the same on or give notice thereof to every person appearing by the affidavit on which payment into court was made to be entitled to, or interested in, or to have a claim upon the money, and to every person who has given any further notice which has been transmitted to the Accountant as aforesaid.

9. The ledger credit, to which the money lodged under this Order shall be placed, shall be entitled as follows:

‘In the matter of the Policy No. on the life of A.B. effected with the Company.’

10. An attested copy of the schedule annexed to the affidavit mentioned in rule 2 shall be left with the Accountant.

11. On receipt by the Accountant of any subsequent notice of claim transmitted by such company pursuant to their undertaking referred to in rule 2, he shall retain the same and make an entry thereof in his books; and on any certificate, or copy of an account of the fund to which such notice refers, he shall note the name of the person giving such notice and the date thereof.

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