Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 18.01

Application for relief by way of interpleader

                A person (the stakeholder ) may apply to the Court for relief by way of interpleader if:

                (a)    the stakeholder is liable for a debt or personal property in the stakeholder's possession (the property in dispute ); and

               (b)    the stakeholder:

                          (i)    does not know the identity of the person to whom the property in dispute is owed or belongs; or

                         (ii)    has received competing claims about the property in dispute; or

                        (iii)    expects to be sued in the Court for the property in dispute by 2 or more persons making adverse claims.

Note    Interpleader is a special procedure available to a person who is faced with 2 or more claims about the same debt or personal property.  The procedure enables the competing claimants to litigate their difference while the stakeholder abides by the result.

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