Queensland Consolidated Acts

JUSTICES ACT 1886 - SECT 146B

(1) Any person summoned under this Act to answer a complaint that the person has failed to pay a sum of money allegedly payable by the person under any Act and recoverable, whether with or without the addition of a further sum by way of penalty, by complaint in a summary way under this Act, may pay to a clerk of the court a sum of money in answer to such complaint together with the costs incurred by the complainant up to the time of payment.

(2) Notice of the payment to a clerk of the court shall be communicated by the defendant to the complainant by post or by causing it to be delivered at the complainant's usual or last known place of residence or business, and such sum of money shall be paid to the complainant, but if the complainant elects to proceed, and does not recover a further sum (including an additional sum (if any) by way of penalty) in the proceedings than is paid to a clerk of the court, the complainant shall pay to the defendant the costs incurred by the defendant in the proceedings after the payment, and an order shall thereupon be made by the justices for the payment of the costs by the complainant.

(3) Where the defendant is desirous of paying money to a clerk of the court it shall, together with court fees and the solicitor's costs—

(a) in the case of a summons served not less than 7 clear days before the return day thereof—be paid 4 clear days before such return day; or

(b) in the case of a summons served less than 7 clear days before the return day thereof—be paid before such return day.

(4) Solicitor's costs payable to a clerk of the court under this section shall be according to the scale prescribed by regulations made under this Act and, in so far as not so prescribed, shall be according to the scale prescribed by the Magistrates Courts Rules.

Editor's note—

Now see the Uniform Civil Procedure Rules 1999 (see the Supreme Court of Queensland Act 1991, section 130(2)).

(5) However, at any time before the return day the defendant may pay money into court with such costs as aforesaid and give notice thereof to the complainant and where money is so paid in less than 4 clear days before the return day in the case of a summons served not less than 7 days before the return day it shall be lawful for the court to order the defendant to pay such costs as the complainant shall have reasonably incurred in preparing for hearing before the notice of such payment was received by the complainant.