Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p15
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 15/154)
Character Range: 251533–254180

or expenses incurred by the Sheriff under the process after the notice is served.
 (3) On being served with a notice of admission, the Sheriff must withdraw from possession of the property claimed.
 (4) However, the Sheriff may apply to the Court for an order that the person whose claim is admitted be restrained from starting or continuing any proceeding in any Court against the Sheriff for an act or thing done by the Sheriff in execution of the processes.
 (5) An application under subrule (4) must be made:
 (a) if a proceeding has been started in the Court against the Sheriff—by filing an interlocutory application in the proceeding; or
 (b) if paragraph (a) does not apply—by filing an interlocutory application in the proceeding in which the process is issued.

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 (c) the claim has not been withdrawn.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.

Part 19—Security for costs

19.01  Application for an order for security for costs
 (1) A respondent may apply to the Court for an order:
 (a) that an applicant give security for costs and for the manner, time and terms for the giving of the security; and
 (b) that the applicant's proceeding be stayed until security is given; and
 (c) that if the applicant fails to comply with the order to provide security within the time specified in the order, the proceeding be stayed or dismissed.
 (2) An application under subrule (1) must be accompanied by an affidavit stating the facts on which the order for security for costs is sought.
 (3) The respondent's affidavit should state the following:
 (a) whether there is reason to believe that the applicant will be unable to pay the respondent's costs if so ordered;
 (b) whether the applicant is ordinarily resident outside Australia;
 (c) whether the applicant is suing for someone else's benefit;
 (d) whether the