Victorian Numbered Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 12.08

On application for relief by way of interpleader the Court may—

        (a)     where a proceeding in the Court is pending in which the applicant is sued for or in respect of any of the property in dispute—

              (i)     order that any claimant be added as a defendant in that proceeding in addition to or in substitution for the applicant; or

              (ii)     order that the proceeding be stayed or dismissed;

        (b)     order that a question between the claimants be stated and tried and direct which of the claimants is to be plaintiff and which defendant;

        (c)     where proceedings in any other court are pending in which the applicant is sued for or in respect of any of the property in dispute, restrain the further continuance of those proceedings;

        (d)     order the applicant—

              (i)     to pay or transfer any of the property in dispute into court; or

              (ii)     otherwise to dispose of any of the property;

        (e)     where a claimant claims to be entitled by way of security for debt to any of the property in dispute, make orders for the sale of any of the property and for the application of the proceeds of sale;

        (f)     summarily determine any question of fact or law arising on the application; and

        (g)     make such order or give such judgment it thinks fit.