Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 44.8

Powers generally
8. On application for relief by way of interpleader-

   (a)  the Court may make such orders and directions as it thinks fit for the
        hearing and determination of all matters in dispute; and

   (b)  without limiting the generality of paragraph (a), the Court may-

        (i)    where a proceeding in the Court is pending in which the
               applicant is sued for or in respect of any of the
               property in dispute, order that any claimant be added as a
               respondent in that proceeding in addition to or in substitution
               for the applicant, or order that that proceeding be stayed or
               dismissed;

        (ii)   order the applicant to pay or transfer any or all of the
               property in dispute into Court or otherwise to dispose of any
               or all of the property in dispute;

        (iii)  where a claimant claims to be entitled by way of security for
               debt to any or all of the property in dispute, make orders for
               the sale of any or all of the property in dispute and for
               the application of the proceeds of sale;

        (iv)   on request by any party, summarily determine any or all
               questions of fact or law in which the requesting party is
               interested arising on the application;

        (v)    make orders for the settlement and trial of issues; and

        (vi)   make such order, or pronounce such judgment, as the nature of
               the case requires.



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