Commonwealth Numbered Regulations

1994 No. 357 INDUSTRIAL RELATIONS COURT RULES - ORDER 47 RULE 5

5. (1) Where a party to any proceeding lodges any process with the Sheriff for
service or execution, the Sheriff may, upon lodgment and from time to time
after lodgment:

   (a)  require the party to deposit money in a specified amount to be applied
        in or towards satisfaction of Sheriff's fees; or

   (b)  as to the whole or any part of the fees, take an undertaking by the
        party's solicitor or authorised representative to pay them instead of
        requiring a deposit.

(2) Where a party required to make a deposit under subrule (1) objects to the
amount specified by the Sheriff, the Court, on motion by the party, may, by
order, fix the amount to be deposited.

(3) The Sheriff may defer service or execution of any process until a deposit
is made or an undertaking is given in accordance with this rule.

(4) Where it appears that the amount deposited under this rule exceeds the
fees of the Sheriff, the Sheriff shall repay the excess to the party
depositing the money or to the party's solicitor or authorised representative.