Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 12.10

Neutrality of applicant

    (1)     Where a stakeholder applies for relief by way of interpleader, the Court may dismiss the application or give judgment against the applicant unless the Court is satisfied that the applicant

        (a)     claims no interest in the property in dispute except for charges or costs; and

        (b)     does not collude with any claimant.

    (2)     Where a sheriff applies for relief by way of interpleader, the Court—

        (a)     may require the sheriff to satisfy the Court on the matters referred to in paragraph (1); and

        (b)     may, if not satisfied on those matters, dismiss the application.

    (3)     Nothing in this Rule affects the power of the Court in other cases to dismiss the application or to give judgment against the applicant.



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