Court Procedures Rules 2006

This rule applies if the court order in relation to a judgment debt or costs awarded is expressed to be the usual order as to interest.

Subject to this rule, interest is payable on the amount of the judgment debt, and on any costs awarded, at the rate that applies, from time to time, under rule 1620.

Interest is not payable on the amount of the judgment debt if, not later than 28 days after the date of the judgment—

the debt is paid; and

the plaintiff gives the defendant notice from Medicare Australia confirming that no amount of the debt is payable to Medicare Australia; and

the defendant has not been given a notice under—

the Social Security Act 1991 (Cwlth), section 1182 (Secretary may send preliminary notice to potential compensation payer or insurer) (a preliminary compensation recovery notice); or

the Social Security Act 1991 (Cwlth), section 1184 (Secretary may send recovery notice to compensation payer or insurer) (a compensation recovery notice).

Interest is not payable on the amount of the judgment debt if, not later than 28 days after the date of the judgment, the defendant—

pays to Medicare Australia—

the amount of any charge stated in a Medicare Australia notice of charge given to the defendant; or

if the defendant has not been given a Medicare Australia notice of charge—10% of the judgment debt; and

pays to the plaintiff—the remainder of the judgment debt.

Interest is not payable on the amount of the judgment debt while a preliminary compensation recovery notice given to the defendant has effect.

For the effect of a notice, see the Social Security Act 1991 (Cwlth), s 1184B (Preliminary notice or recovery notice suspends liability to pay compensation).

Interest is not payable on the amount of the judgment debt if—

the defendant is given a compensation recovery notice; and

the defendant pays the amount of the judgment debt, less any amount owing to the Commonwealth under the notice, to the plaintiff not later than 28 days after the later of the following:

the day the judgment takes effect;

the day the defendant receives the notice.

Interest is not payable on any amount awarded for costs if the amount is paid not later than 28 days after—

the day the parties agree on the amount; or

if paragraph (a) does not apply—the day the costs are assessed.