New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 43.3

43.3 Notice of claim by claimant

(cf SCR Part 56, rule 5; Act No 9 1973, section 116; Act No 11 1970, sections 65 and 66)

(1) If the Sheriff takes or intends to take possession of any disputed property under a writ of execution, a claimant in respect of the property, or the proceeds of sale or value of the property, may give notice of his or her claim to the Sheriff.

(2) A notice of claim--

(a) must specify the claim, and

(b) must state the claimant's name and residential address, and

(c) must state the claimant's address for service, and

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

(3) On receiving a notice of claim, the Sheriff must serve the notice on the execution creditor.

(4) The execution creditor may serve on the Sheriff a notice to the effect that the execution creditor admits the claim set out in a notice of claim.