Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p13
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 13/154)
Character Range: 246793–249407

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 made under paragraph (1)(a), the interlocutory application must be served:
 (a) on each party to the proceeding who claims any interest in the property in dispute; and
 (b) personally on each claimant who is not a party to the proceeding.

18.03  Orders that may be sought
 (1) A stakeholder may, in an application for relief by way of interpleader, apply for:
 (a) if a proceeding has been started against the stakeholder in relation to the property in dispute—an order that any claimant be added as a respondent in that proceeding in addition to, or in substitution for, the stakeholder; or
 (b) an order that the stakeholder pay or transfer part or all of the property in dispute into Court or otherwise to dispose of part or all of the property in dispute; or
 (c) an order for the sale of part or all of the property in dispute and for the application of the proceeds of sale.
 (2) A party may apply to the Court for an order determining any or all questions of fact or law, in which the party is interested, arising on the application.

18.04  Default by claimant
 (1) A stakeholder may apply to the Court for an order that the claimant and those claiming under the claimant be barred from starting or continuing a proceeding against the stakeholder and those claiming under the stakeholder if:
 (a) a claimant has been served with an application for relief by way of interpleader and does not appear at the hearing; or
 (b) a claimant does not comply with an order made on the application.
 (2) An order under subrule (1) does not affect the claimants' rights amongst themselves.

18.05  Neutrality of stakeholder
  If a stakeholder applies for relief by way of interpleader, the Court will dismiss the application unless the Court is satisfied that the stakeholder:
 (a) claims no interest in the property in dispute except for charges or costs; and
 (b) has not colluded with any claimant.
Note: This rule does not affect the Court's power to dismiss the application or to pronounce judgment against the stakeholder for other reasons.

18.06  Order in several proceedings
 (1) A stakeholder may apply to the Court for orders in any or 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