Court Procedures Rules 2006

This rule applies if—

a person other than an enforcement officer (the stakeholder) is under a liability in relation to a debt or personal property (the disputed property); and

the stakeholder is, or expects to be, sued by 2 or more people (each of whom is a claimant) making adverse claims to the disputed property.

If the stakeholder is sued by a claimant in a proceeding in the court in relation to the disputed property, the stakeholder may apply to the court in that proceeding for interpleader relief.

Pt 6.2 (Applications in proceedings) applies to the application.

If subrule (2) does not apply to the stakeholder, the stakeholder may apply to the court by originating application for interpleader relief and include each claimant as a defendant.

An application under this rule for interpleader relief must be supported by an affidavit.

The affidavit must state that the stakeholder—

claims no interest in the disputed property, other than for charges or costs; and

is not in collusion with any claimant; and

is willing to—

pay or transfer the disputed property into court; or

dispose of the property as the court directs; or

give security to the value of the property to the court’s satisfaction.

A sealed or stamped copy of the application and supporting affidavits must be served on each of the claimants.

If a claimant is not a party to the proceeding, the application and supporting affidavits must be served personally.