Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p14
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 14/154)
Character Range: 249201–251769

all of several proceedings if:
 (a) an application for relief by way of interpleader is made; and
 (b) 2 or more of the proceedings are pending in the Court for or in relation to part or all of the property in dispute.
 (2) An order under subrule (1) is binding on each party in the proceeding in which it is made.
Rules 18.07–18.10 left blank

Division 18.2—Sheriff's interpleader
Note: The Sheriff is responsible for the service and execution of all processes of the Court directed to the Sheriff—see section 18P of the Act.

18.11  Notice of claim
 (1) If a Sheriff takes, or intends to take, any personal property in execution under process, a person making a claim for the property, or the proceeds or value of the property, may give notice of a claim to the Sheriff, in accordance with Form 36.
 (2) A notice of claim given under this rule must:
 (a) state the description of the claimant; and
 (b) specify the claim; and
 (c) state an address for service.
Note: Description is defined in the Dictionary.
 (3) A person entitled to give notice of a claim under subrule (1) must do so as soon as practicable after having knowledge of the facts.
 (4) However, the Sheriff may apply to the Court for an order restraining a person starting or continuing a proceeding in any Court against the Sheriff for an act or thing done by the Sheriff in execution of the process.
 (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.
 (6) The Sheriff must serve a copy of the application personally on the person against whom the order is sought.

18.12  Notice of claim to be served on execution creditor
  If the Sheriff is given a notice of claim, the Sheriff must serve a copy of the notice on the execution creditor.

18.13  Admission of claim by execution creditor
 (1) An execution creditor served with a notice of claim who wants to admit the claim must serve the Sheriff with a notice of admission, in accordance with Form 37 (a notice of admission).
 (2) If the execution creditor serves a notice of admission, the execution creditor is not liable to the Sheriff for any fees 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