Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p12
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 12/154)
Character Range: 244327–247056

fix the return date and place for hearing and endorse those details on the interlocutory application for service.

17.02  Reliance on correspondence or undisputed documents
 (1) An interlocutory application need not be accompanied by an affidavit if a party (the first party) wants to rely on correspondence or other documents, the authenticity of which is not in dispute.
 (2) However:
 (a) the first party must provide a list of the correspondence or other documents to each other party; and
 (b) each other party must notify the first party of any further documents that should be added to the list; and
 (c) the first party must file the documents mentioned in paragraphs (a) and (b); and
 (d) if the documents mentioned in paragraphs (a) and (b) number more than 6 documents, the documents must be indexed and paginated.

17.03  Service on others
  A party may apply to the Court for an order that the interlocutory application be served:
 (a) on a party who has not filed a notice of address for service; and
 (b) on a person who is not then a party.

17.04  Hearing and determination of interlocutory application—absence of party
  An interlocutory application may be heard and determined in the absence of a party if:
 (a) service of the interlocutory application on that party is not required; or
 (b) service has been effected but the party does not appear; or
 (c) the Court has dispensed with service.

Part 18—Interpleader proceedings

Division 18.1—Stakeholder's interpleader

18.01  Application for relief by way of interpleader
  A person (the stakeholder) may apply to the Court for relief by way of interpleader if:
 (a) the stakeholder is liable for a debt or personal property in the stakeholder's possession (the property in dispute); and
 (b) the stakeholder:
 (i) does not know the identity of the person to whom the property in dispute is owed or belongs; or
 (ii) has received competing claims about the property in dispute; or
 (iii) expects to be sued in the Court for the property in dispute by 2 or more persons making adverse claims.
Note: Interpleader is a special procedure available to a person who is faced with 2 or more claims about the same debt or personal property.  The procedure enables the competing claimants to litigate their difference while the stakeholder abides by the result.

18.02  How application to be made
 (1) An application for relief by way of interpleader must be made:
 (a) if a proceeding has been started against the stakeholder in relation to the property in dispute—by filing an interlocutory application in the proceeding; or
 (b) if paragraph (a) does not apply—by filing an originating application, joining each claimant as a respondent.
 (2) If an application is