Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 41.52

Security

             (1)  If a party lodges a process with the Sheriff for service or execution, the Sheriff may on lodgment, and from time to time:

                     (a)  require the party who lodged the process to deposit with the Sheriff an amount of money fixed by the Sheriff as security for the whole, or part, of the fees for the service or execution of the process; or

                     (b)  accept an undertaking by the lawyer for the party who lodged the process, to pay the whole, or a part, of the fees.

             (2)  If a party is required to pay a deposit under paragraph (1)(a), but objects to the amount required to be paid, the party may apply to the Court for an order fixing the amount to be paid.

             (3)  The Sheriff may suspend the service or execution of the process until:

                     (a)  the party who lodged the process pays the required deposit; or

                     (b)  the lawyer for the party who lodged the process gives an undertaking for the payment of the fees.

             (4)  If a deposit is paid under this rule that is more than the amount of the fees, the Sheriff must refund to the party who lodged the process, or the party's lawyer, the amount of the difference.



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