ACTIn ForceRegulation
Court Procedures Rules
2608Interpleader—admission of claim
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2608 Interpleader—admission of claim
(1) This rule applies if the enforcement creditor admits the claimant’s
claim under rule 2605 by serving notice on the enforcement officer
under rule 2607.
(2) The enforcement creditor is not liable to the enforcement officer for
fees or expenses incurred by the enforcement officer under the
enforcement order after the notice is given to the enforcement officer.
(3) The enforcement officer must—
(a) withdraw from possession of the property in relation to which
the claim is admitted (the relevant property); or
(b) if the relevant property has been sold—pay the proceeds of sale
into court and tell the enforcement debtor and the claimant in
writing that the proceeds of sale have been paid into court.
(4) On application by the enforcement officer, the court may restrain the
claimant from starting or continuing a proceeding in a court against
the enforcement officer in relation to anything done, or omitted to be
done, by the enforcement officer in executing the enforcement order
in relation to the relevant property.
(5) The application must be supported by an affidavit to which the notices
mentioned in rule 2605 (2) and rule 2607 (2) are annexed.
(6) If the enforcement officer is sued by the claimant in a proceeding in
the court in relation to the relevant property, the enforcement officer
may apply to the court for an order under subrule (4) in that
(7) If subrule (6) does not apply to the enforcement officer, the
enforcement officer may apply to the court for an order under subrule
(4) in—
(a) the proceeding in which the enforcement order was made; or
Rule 2609
(b) if a proceeding is pending in which the property’s ownership is
an issue—the pending proceeding.
(8) An application for an order under subrule (4) and supporting
affidavits must be served on the claimant personally.