ACTIn ForceRegulation
Court Procedures Rules
2606Interpleader—failure to give notice of claim
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2606 Interpleader—failure to give notice of claim
(1) This rule applies if the claimant mentioned in rule 2605 does not give
notice of the claim under that rule in relation to the disputed property
within a reasonable time after becoming aware that the enforcement
officer has seized or intends to seize the property.
Rule 2607
(2) On application by the enforcement officer, the court may restrain the
claimant from starting or continuing a proceeding in the court against
the enforcement officer in relation to anything done, or omitted to be
done, by the enforcement officer in executing the enforcement order
after the time when the claimant might reasonably have given notice
of the claim.
(4) If the enforcement officer is sued by the claimant in a proceeding in
the court in relation to the disputed property, the enforcement officer
may apply to the court for an order under subrule (2) in that
(5) If subrule (4) does not apply to the enforcement officer, the
enforcement officer may apply to the court for an order under subrule
(2) in the proceeding in which the enforcement order was made.
(6) An application for an order under subrule (2) and supporting
affidavits must be served on the claimant personally.