What do I do to release disputed funds that have been paid into the Supreme Court of NSW?
If a trustee, receiver or executor is uncertain who is entitled to certain funds they can pay those funds into court. These funds could be proceeds from the sale of property, funds from the dissolution of a trust, funds remaining in a bank account, or they could be the remaining funds of an estate, When these funds are paid into Court the trustee files a summons in the Equity Division, together with an affidavit explaining what the fund is and listing any potential claimants. The potential claimants are not usually named as defendants, however a copy of the summons and affidavit will usually be served on persons known by the trustee to have a possible claim to the funds.

If a person wishes to make a claim on the whole or a proportion of the funds paid into court, this is done by filing a notice of motion in the existing case (use the same case number as was on the summons). If there are other known potential claimants for the funds these should be named as respondents on the notice of motion. The appropriate form is available on the Forms and Fees page under the 'Uniform Civil Forms' heading. Open Form 20 - Notice of Motion. An affidavit in Form 40 should also be filed which sets out the evidence establishing the basis of the claim for the funds. The notice of motion and affidavit should be served on the named respondents. The Notice of Motion will be listed before the registrar who may give further directions to ensure that the matter is ready or who will refer it to a judge to consider the application. If all the potential claimants can agree on how the funds should be apportioned a consent order (Form 44) should be prepared.


What do I need to collect funds ordered to be released from the Supreme Court of NSW?
The funds will be returned in the form of a cheque. The cheque will be released to the legal representative of the payee who will have to provide two forms of identification displaying the signature of the payee (one of these documents needs to be a photo ID) and a letter authorising the cheque to be released into the care of the bearer of the letter and the identification.

Payments may be collected from Level 4 of the Supreme Court of NSW located in the Law Courts Building, Queens Square, Sydney.


When a matter is settled in the Supreme Court of NSW before the hearing date, is the hearing allocation fee still payable?
Yes. According to the Civil Procedure Regulation 2005 Part 3 Section 9 (4), a hearing allocation fee becomes payable (a) immediately after a date is allocated for hearing the proceedings, or (b) when the Court or a registrar notifies the parties in writing of the Court's intention to allocate a date for hearing the proceedings, whichever first occurs.


What methods of payment are accepted by the Supreme Court?
The following methods of payment are accepted by the Supreme Court: Note that personal cheques are not accepted.
1. Bank Cheques
2. Solicitor Firm Cheques
3. Master Card
4. Visa Card
5. EFTPOS
6. Cash
7. Money Order



What happens if I can't afford to pay the fees?
The Supreme Court Regulation provides that fees may be waived or postponed in certain circumstances.
A written application is required and supporting documents should be supplied. Details of fee waivers are listed in the following UCPR publication:
Fee Waiver Guidelines.