Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 44.4

Notice of claim-Form 50
4. (1) Where a Sheriff takes or intends to take any personal property in
execution under process, a person making a claim to or in respect of the
property or the proceeds or value of the property may give notice of his claim
to the Sheriff.

(2) A notice of claim given under this rule shall-

   (a)  specify the claim;

   (b)  state the name and place of abode of the claimant;

   (c)  state an address for service; and

   (d)  be accompanied by a copy of the notice.

(3) Where a person who is entitled to give notice under this rule does not,
within a reasonable time after having knowledge of the facts, give notice
under this rule, the Court may, on application by the Sheriff, restrain the
commencement or stay the continuance by that person of the proceeding in the
Court or restrain the commencement or the continuance by that person of a
proceeding in any other court against the Sheriff for or in respect of
anything done by the Sheriff in execution of the process after the time when
that person might reasonably have given notice under this rule.

(4) Subject to sub-rule (5), a Sheriff may apply for an order under sub-rule
(3) by motion in the proceeding in which the process is issued and, if he so
applies, he shall serve notice of the motion personally on the person against
whom the order is sought.

(5) If a proceeding to which sub-rule (3) applies is brought in the Court
against a Sheriff, an application by him for an order under that sub-rule
restraining the continuance of that proceeding shall be made by motion in that
proceeding.



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