Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 953

953 Admission of claim

(1) If the enforcement creditor admits a claim by serving notice on the enforcement officer—

(a) the enforcement creditor is not liable to the enforcement officer for fees or expenses incurred by the enforcement officer under the warrant after the notice is given to the enforcement officer; and

(b) the enforcement officer must—

(i) withdraw from possession of the property; or

(ii) if the property has already been sold—pay the proceeds of sale into court and notify the enforcement debtor and the claimant that the proceeds of sale have been paid into court; and

(c) the court may, on the enforcement officer’s application, restrain the person whose claim is admitted from starting or continuing a proceeding in a court against the enforcement officer for anything done by the enforcement officer in enforcing the warrant.

(2) If a proceeding to which subrule (1) (c) applies is brought in a court against the enforcement officer, an application by the enforcement officer for an order under that subrule may be brought in the proceeding.

(3) An application made under this rule may be brought only in—

(a) the proceeding in which the warrant was issued; or

(b) if a proceeding is pending in which the property’s ownership is an issue—the pending proceeding.