Supreme Court Rules 2000

This rule applies if a defendant or the insurer of a defendant is, in relation to the plaintiff's cause of action – for the purposes of Division 4 of Part 3.14 of the Social Security Act 1991 of the Commonwealth, a compensation payer or potential compensation payer; or a compensation payer within the meaning of the Health and Other Services (Compensation) Act 1995 of the Commonwealth.

A defendant making a payment into Court may – endorse the notice of payment into Court with a statement in writing that this rule applies to the payment; or file and serve such a statement.

If a defendant makes a payment under subrule (2) and a plaintiff accepts the payment – the registrar, on behalf of the defendant, is to give notice in accordance with section 1173 of the Social Security Act 1991 of the Commonwealth; and a payment out is not to be made until – a recovery notice has issued under section 1174 of the Social Security Act 1991 of the Commonwealth; or the Secretary gives notice that a recovery notice under that section is not to be issued; and the amount paid in is to be paid out in satisfaction of the amount specified in the recovery notice and any balance is to be paid to the plaintiff.