Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 73.12

Stop order for funds in court

    (1)     The Court may make an order that funds in court, or any part of funds in court, or the income on funds in court, shall not be transferred, sold, delivered out, paid or otherwise dealt with unless notice is first given to the person applying for the order.

    (2)     An order may be made under paragraph (1) on the application of

        (a)     any person who has a mortgage or charge on the interest of any person in the funds in court;

        (b)     any person to whom that interest has been assigned; or

        (c)     any person who is a judgment creditor of the person entitled to that interest.

    (3)     The application shall be made—

        (a)     by summons in the proceeding in which the funds are in court; or

        (b)     if there is no proceeding, by originating motion.

    (4)     The summons or originating motion and a copy of any affidavit in support shall be served on every person who has an interest in the funds in court which may be affected by the order sought.

    (5)     On an application under this Rule, the Court may make such order as it thinks fit for the costs and expenses of the applicant and of any party to the application or other person against whom an order is sought.



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