Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2609

Interpleader—enforcement officer's interpleader application

    (1)     This rule applies if—

        (a)     the enforcement officer has served notice of the claimant's claim on the enforcement creditor under rule 2607; and

        (b)     the enforcement creditor does not, before the end of 4 days after the day the notice is served, serve on the enforcement officer a notice under that rule that the enforcement creditor admits the claim; and

        (c)     the claimant does not afterwards withdraw the claim.

    (2)     The enforcement officer may apply to the court for interpleader relief.

Note     Pt 6.2 (Applications in proceedings) applies to the application.

    (3)     The application must be supported by an affidavit to which the notice mentioned in rule 2605 (2) is annexed.

    (4)     The application may be made only in the proceeding in which the enforcement order was made.

    (5)     A stamped copy of the application and supporting affidavits must be served on the enforcement creditor and claimant personally.



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