Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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.