Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 18.13

Admission of claim by execution creditor

             (1)  An execution creditor served with a notice of claim who wants to admit the claim must serve the Sheriff with a notice of admission, in accordance with Form 37 (a notice of admission ).

             (2)  If the execution creditor serves a notice of admission, the execution creditor is not liable to the Sheriff for any fees or expenses incurred by the Sheriff under the process after the notice is served.

             (3)  On being served with a notice of admission, the Sheriff must withdraw from possession of the property claimed.

             (4)  However, the Sheriff may apply to the Court for an order that the person whose claim is admitted be restrained from starting or continuing any proceeding in any Court against the Sheriff for an act or thing done by the Sheriff in execution of the processes.

             (5)  An application under subrule (4) must be made:

                     (a)  if a proceeding has been started in the Court against the Sheriff--by filing an interlocutory application in the proceeding; or

                     (b)  if paragraph (a) does not apply--by filing an interlocutory application in the proceeding in which the process is issued.



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