Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 44.3

3. (1) Where a stakeholder has, in a proceeding in the Court, been sued for or
in respect of the property in dispute, the application shall be by motion in
the proceeding.

(2) A stakeholder applying pursuant to sub-rule (1)-

   (a)  shall serve notice of the motion on each party to the proceeding who
        claims any interest in the property in dispute; and

   (b)  shall serve notice of the motion personally on each claimant who is
        not a party to the proceeding.

(3) In a case to which sub-rule (1) does not apply, a stakeholder applying for
relief by way of interpleader shall commence the proceeding by application,
joining each claimant as a respondent.