Commonwealth Numbered Regulations

1994 No. 357 INDUSTRIAL RELATIONS COURT RULES - ORDER 44 RULE 4

4. (1) Where a Sheriff takes or intends to take any personal property in
execution under process, a person making a claim to or in respect of the
property or the proceeds or value of the property may give notice of claim to
the Sheriff, in accordance with Form 50.

(2) A notice of claim given under this rule shall:

   (a)  specify the claim;

   (b)  state the name and place of abode of the claimant;

   (c)  state an address for service; and

   (d)  be accompanied by a copy of the notice.

(3) Where a person who is entitled to give notice under this rule does not,
within a reasonable time after having knowledge of the facts, give notice
under this rule, the Court may, on application by the Sheriff, restrain the
commencement or stay the continuance by that person of the proceeding in the
Court or restrain the commencement or the continuance by that person of a
proceeding in any other court against the Sheriff for or in respect of
anything done by the Sheriff in execution of the process after the time when
that person might reasonably have given notice under this rule.

(4) Subject to subrule (5), a Sheriff may apply for an order under subrule (3)
by motion in the proceeding in which the process is issued. Notice of the
motion shall be served personally on the person against whom the order is
sought.

(5) If a proceeding to which subrule (3) applies is brought in the Court
against a Sheriff, an application for an order under that subrule restraining
the continuance of that proceeding must be made by motion in that proceeding.