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s 18.02

How application to be made

In force
Chapter 2Original jurisdiction—proceedings generally
Part 18Interpleader proceedings
Division 18.1Stakeholder’s interpleader

18.02 How application to be made

(1)

An application for relief by way of interpleader must be made:

(a)

if a proceeding has been started against the stakeholder in relation to the property in dispute—by filing an interlocutory application in the proceeding; or

(b)

if paragraph (a) does not apply—by filing an originating application, joining each claimant as a respondent.

(2)

If an application is made under paragraph (1)(a), the interlocutory application must be served:

(a)

on each party to the proceeding who claims any interest in the property in dispute; and

(b)

personally on each claimant who is not a party to the proceeding.

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