Court Procedures Rules 2006

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.

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.

Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

The application must be supported by an affidavit.

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 proceeding.

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.

An application for an order under subrule (2) and supporting affidavits must be served on the claimant personally.