Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 44.6

6. (1) Where an execution creditor admits a claim by notice under rule 5-

   (a)  he shall not be liable to the Sheriff for any fees or expenses
        incurred by the Sheriff under the process after the notice under rule
        5 is given;

   (b)  the Sheriff shall withdraw from possession of the property claimed;
        and

   (c)  the Court may, on application by the Sheriff, restrain the
        commencement or stay or restrain the continuance by the person whose
        claim is admitted of a proceeding in any court against the Sheriff for
        or in respect of anything done by the Sheriff in execution of the
        process.

(2) If a proceeding to which paragraph (1) (c) applies is brought in the Court
against the Sheriff, an application by him for an order under that paragraph
restraining the continuance of that proceeding shall be made by motion in that
proceeding.

(3) Subject to sub-rule (2), a Sheriff may apply for an order under paragraph
(1) (c) by motion in the proceeding in which the process is issued.