Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 18.14

Application by Sheriff for interpleader

         (1)   The Sheriff may apply to the Court for relief by way of interpleader if:

                (a)    the Sheriff has served a copy of a notice of claim on the execution creditor; and

               (b)    the execution creditor has not, within 4 days after service of the notice, served on the Sheriff a notice of admission; and

                (c)    the claim has not been withdrawn.

         (2)   An application by the Sheriff under this rule must be made by filing an interlocutory application in the proceeding in which the process is issued.

         (3)   The Sheriff must serve the interlocutory application on each party to the proceeding who claims an interest in the property in dispute and on each claimant.

Note    The Court may require the Sheriff to satisfy the Court:

(a)   that the Sheriff claims no interest in the property in dispute except for charges or costs;

(b)   that the Sheriff has not colluded with any claimant.


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