Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 18.01

Application for relief by way of interpleader

                   A person (the stakeholder ) may apply to the Court for relief by way of interpleader if:

                     (a)  the stakeholder is liable for a debt or personal property in the stakeholder's possession (the property in dispute ); and

                     (b)  the stakeholder:

                              (i)  does not know the identity of the person to whom the property in dispute is owed or belongs; or

                             (ii)  has received competing claims about the property in dispute; or

                            (iii)  expects to be sued in the Court for the property in dispute by 2 or more persons making adverse claims.

Note:          Interpleader is a special procedure available to a person who is faced with 2 or more claims about the same debt or personal property.  The procedure enables the competing claimants to litigate their difference while the stakeholder abides by the result.



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