(a) the Court may make such orders and directions as it thinks fit for the hearing and determination of all matters in dispute; and
(b) without limiting the generality of paragraph (a), the Court may:
(i) 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, order that any claimant be added as a respondent in that proceeding in addition to or in substitution for the applicant, or order that that proceeding be stayed or dismissed;
(ii) order the applicant to pay or transfer any or all of the property in dispute into Court or otherwise to dispose of any or all of the property in dispute;
(iii) where a claimant claims to be entitled by way of security for debt to any or all of the property in dispute, make orders for the sale of any or all of the property in dispute and for the application of the proceeds of sale;
(iv) on request by any party, summarily determine any or all questions of fact or law in which the requesting party is interested arising on the application;
(v) make orders for the settlement and trial of issues; and
(vi) make such order, or pronounce such judgment, as the nature of the case requires.
9 Default by claimant
(a) a claimant has been given due notice of the hearing of an application for relief by way of interpleader and does not appear at the hearing; or
(b) a claimant does not comply with an order made in the proceeding on such an application;
the Court may, subject to subrule (2), order that the claimant and those claiming under him or her be barred from prosecuting the claim against the applicant and those claiming under him or her.
(2) An order under subrule (1) shall not affect the rights of the claimants amongst themselves.
10 Neutrality of applicant
(1) Where a stakeholder applies for relief by way of interpleader, the Court may dismiss the application or pronounce judgment against the applicant unless the Court is satisfied on the following matters:
(a) that the applicant claims no interests in the property in dispute except for charges or costs;
(b) that the applicant does not collude with any claimant.
(2) Where a Sheriff applies for relief by way of interpleader, the Court may require the Sheriff to satisfy the Court on the matters mentioned in subrule (1) and the Court 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 pronounce judgment against the applicant.
11 Order in several proceedings
(1) Where an application for relief by way of interpleader is made and several proceedings are pending in the Court for or in respect of any or all of the property in dispute, the Court may make an order in any two or more of those several proceedings.
(2) An order made pursuant to subrule (1) shall be entitled in all the proceedings in which it is made and the order shall be binding on all the parties to them.
12 Disposal
The Court before which an issue is tried under this order may pronounce such judgment, or may make such order, as the nature of the case requires, including a judgment or order finally disposing of all questions arising in the proceedings.
Order 45 Solicitors
1 Power to act by solicitor or authorised representative
(1) Every matter or thing which under the Act or the Rules or otherwise by law is required or allowed to be done by a party may be done by his or her solicitor or authorised representative.
(2) Subrule (1) does not apply where the context or subject matter otherwise indicates or requires.
2 Adverse parties
Where a solicitor or authorised person or the solicitor’s partner acts as solicitor or authorised representative for any party to any proceeding, or is a party to any proceeding, that solicitor or authorised representative shall not, without the leave of the Court, act for any other party to the proceedings not in the same interest.
3 Change of solicitor or authorised representative
A party may change the solicitor or authorised representative acting for him or her in any proceedings by filing a notice of change and serving the notice on the other parties and, where practicable, the former solicitor or authorised representative.
4 Change of agent
Where a solicitor (in this rule called the principal solicitor) acts for a party in any proceeding and another solicitor acts as agent for the principal solicitor in the proceeding and the principal solicitor changes the solicitor acting as agent, the party must file notice of the change and serve the notice on the other parties and on the former agent solicitor.
5 Appointment of solicitor or authorised representative
Where a party acts for himself or herself in any proceeding and afterwards appoints a solicitor or authorised representative to act for him or her in the proceeding, the party must file notice of the change and serve the notice on the other parties.
6 Removal of solicitor or authorised representative
Where a solicitor or authorised representative acts for a party in any proceeding and afterwards the party determines the authority of the solicitor or authorised representative to act for him or her in the proceeding:
(a) the party must file notice of the change and serve the notice on the other parties and on the former solicitor or authorised representative; and
(b) the former solicitor or authorised representative may file notice of the change and serve the notice on the parties.
7 Withdrawal of solicitor or authorised representative
(1) Where a solicitor or authorised representative acts for a party to any proceeding and afterwards ceases to act, the solicitor or authorised representative may, subject to subrule (2), file notice of the change and serve the notice on the parties.
(2) A solicitor or authorised representative must not file or serve notice of a change under subrule (1) without leave of the Court unless he or she has, not less than 7 days before doing so, served on the former client notice of his or her intention to file and serve the notice of change.
(3) A solicitor or authorised representative filing a notice of change under subrule (1) must, except where the notice is filed with the leave of the Court, file and serve with the notice an affidavit showing service in compliance with subrule (2).
(4) A solicitor or authorised representative may serve a notice under this rule on the former client by posting it to the former client at the residential or business address of the former client last known to the solicitor or authorised representative.
8 Effect of change
A change of which notice is required or permitted to be filed under any of rules, 3, 4, 5, 6 and 7 shall not have effect as between a party or solicitor or authorised representative to which the change relates on the one hand and the Court or any other party on the other hand until notice of the change is filed and, as regards any other party, is served on that other party.
9 Signature for solicitor
(1) Where any signature by a solicitor is required or permitted for the purpose of any proceeding, the signature for the solicitor by any of the following persons shall be sufficient:
(a) a partner of the solicitor;
(b) a solicitor who is agent of the solicitor for the purpose of the proceeding;
(c) a partner of the agent;
(d) a solicitor employed by the solicitor or by the agent.
(2) A signature made pursuant to this rule shall be accompanied by a statement of the capacity in which the signature is made.
Order 46 Registries
1 Taking of oaths and affidavits
A Registrar has, by virtue of his or her office, authority to administer oaths and affirmations for the purposes of the Court and proceedings in the Court.
2 Seal of Court
(1) The seal of the Court as determined pursuant to subsection 467 (1) of the Act is in the form represented hereunder.
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(2) The seal of the Court shall be kept at the Principal Registry in such custody as the Chief Justice directs.
(3) The Registrar shall have in custody a stamp the design of which shall, as nearly as practicable, be the same as the design of the seal of the Court with the addition of the words ‘Principal Registry’.
(4) The District Registrar in respect of each District Registry shall have in custody a stamp the design of which shall as nearly as practicable be the same as the design of the seal of the Court, with the addition of such words as the Chief Justice directs for the purpose of relating the stamp to that District Registry.
(5) A document or a copy of a document marked with a stamp referred to in subrule (3) or (4) is as valid and effectual as if it had been sealed with the seal of the Court.
3 Use of Seal
The seal of the Court must be affixed to:
(a) Rules of Court;
(b) commissions issued by authority of the Court;
(c) documents issued by the Court for use outside Australia, not being documents for service on a party to the proceeding; and
(d) such other documents as the Court or a Judge directs or as the law requires.
4 Stamp of Court
The stamp of the Court must be affixed to all process filed in the Court and orders entered and to all such other documents as the Court directs.
5 Custody of documents
(1) Each Registrar has charge of documents in proceedings in the Registry and of the records of the Registry.
(2) Subject to subrule (2A), documents must not be taken out of a Registry except:
(a) for the purpose of transmission between Registries; or
(b) with the permission of the Court or a Judge.
(2A) Subject to any conditions specified by a Registrar, a Registrar may permit a party to proceedings to take documents out of a Registry for the purpose of preparing appeal papers, unless the Court or a Judge orders otherwise.
(3) The Registrar must ensure that the records of the Registry are properly kept.
6 Inspection of documents
(1) Except with the leave of the Court or a Judge a person who is not a party to the proceeding may not search in the Registry for or inspect:
(a) any judgment, order, transcript of a proceeding, or other document which the Court has ordered remain confidential;
(b) any affidavit;
(c) interrogatories or answers to interrogatories;
(d) lists of documents given on discovery;
(e) admissions;
(f) evidence taken on deposition;
(g) any subpoena or any documents lodged with the Registrar in answer to a subpoena for production of documents; or
(h) any other document which the Registrar considers ought to remain confidential to the parties.
(2) Except with the leave of the Court or a Judge a party may not search in the Registry for or inspect any document filed to support an application that any document, evidence or thing be kept confidential or that any document or thing be privileged from production.
7 Operation of Registries
(1) Subject to these Rules and the direction of the Court or a Judge, the Registrar of the Court may give a direction as to the operation of any Registry.
(2) A person may apply to the Court ex parte for a direction that a Registrar do any act which he or she is bound or entitled to do and has refused to do.
7A Abuse of process
If a document presented to a Registry in any proceeding, including any document which is or will if issued become an originating document, appears to a Registrar on its face to be an abuse of the process of the Court or to be frivolous or vexatious, the Registrar may refuse to accept or issue it or may seek the direction of a Judge who may direct the Registrar: