Commonwealth Numbered Regulations

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1994 No. 357 INDUSTRIAL RELATIONS COURT RULES - ORDER 44 RULE 7

Interpleader motion
7. (1) Where a Sheriff has, under rule 5, served a notice of claim on the
execution creditor and the execution creditor does not, within 4 days after
service of the notice, under rule 5, serve on the Sheriff notice that he or
she admits the claim, and the claim has not been withdrawn, the Court may, on
application by the Sheriff, grant relief by way of interpleader.

(2) An application of the Sheriff under this rule must be by motion in the
proceeding in which the process is issued.

(3) A Sheriff moving pursuant to this rule must serve notice of the motion on
each party to the proceeding who claims any interest in the property in
dispute and on each claimant. 


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