New South Wales Consolidated Regulations

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Interpleader motion

43.6 Interpleader motion

(cf SCR Part 56, rule 8; LCR Part 32, rules 2 and 3)

(1) If an execution creditor on whom a notice of claim is served does not, within 7 days after service of the notice, serve a notice of admission on the Sheriff, and the claim is not withdrawn, the court may make an order granting relief by way of interpleader.
(2) The Sheriff may apply for such an order by motion in the proceedings in which the writ of execution was issued.
(3) Notice of an application under this rule must be served--
(a) on each party to the proceedings who claims an interest in the disputed property, and
(b) on each claimant who is not a party to the proceedings.
(4) Service on a claimant referred to in subrule (3)(b) must be effected personally.

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