Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p91
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 91/100)
Character Range: 337129–339723

state the name and address of the affected person; and
 (c) identify each item of property that is the subject of the claim; and
 (d) state the grounds of the claim.
 (3) The enforcement officer must serve a copy of the notice of claim on the payee.
 (4) The Enforcement Warrant must not be executed until at least 7 days after the notice of claim was served on the payee.

11.28  Payee to admit or dispute claim
  A payee who is served with a notice of claim under subrule 11.27(3) must give the enforcement officer written notice about whether the payee admits or disputes the claim, within 7 days after the notice of claim was served.

11.29  Admitting claim
  If a payee admits an affected person's claim, the enforcement officer must return the property to its lawful owner in a way that is consistent with the affected person's claim.

11.30  Denial or no response to claim
 (1) This rule applies if:
 (a) an enforcement officer has served an affected person's notice of claim on a payee; and
 (b) within 7 days after the notice was served, the payee:
 (i) disputes or does not admit the claim; or
 (ii) fails to respond to the claim in accordance with rule 11.28.
 (2) The following people may apply for an order to determine the claim:
 (a) each party to the Enforcement Warrant;
 (b) the affected person;
 (c) the enforcement officer.
 (3) The Registry Manager must fix a date for hearing an application under this rule that is as close as practicable to 14 days after the date of filing.
 (4) The application must be served on the following people at least 7 days before the hearing of the application:
 (a) each party to the Enforcement Warrant;
 (b) the affected person;
 (c) the enforcement officer.

11.31  Hearing of application
  On the hearing of an application under rule 11.30, the court may:
 (a) allow the claim; and
 (b) order that the affected person and anyone claiming under the affected person be barred from prosecuting the claim against the enforcement officer or payee.
Note: Rules 11.07 and 11.26 set out the orders the court may make on the hearing of the application.

Division 11.1.4—Third Party Debt Notice

11.32  Application of Division 11.1.4
  This Division applies to:
 (a) money deposited in a financial institution that is payable to a payer on call or on notice; and
 (b) money payable to a payer by a third party on the date when the enforcement order is served on the third party; and
 (c) earnings payable to a payer.

11.33  Money deposited in a financial institution
 (1) Money deposited in an account in a financial institution that is payable on