Court · Federal Court of Australia · Federal (Commonwealth)

Notice of admission (Rule 18.13(1)) (Form 37)

Form 37 is the Federal Court of Australia notice an execution creditor serves on the Sheriff to admit a third party's claim to property taken in execution.

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Format
Word (DOCX)
Category
Court form
Form number
Form 37
Version
veacda967
Last updated
14 October 2026

Federal Court of Australia · Federal Court Rules 2011

Preview of the first page of Notice of admission (Rule 18.13(1)) (Form 37)
Preview - first page of the form

For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.

What Form 37 is for

Division 18.2 of the Federal Court Rules 2011 deals with the Sheriff's interpleader. When the Sheriff takes, or intends to take, personal property in execution, a person who claims the property can give the Sheriff a notice of claim in Form 36 (r 18.11), and the Sheriff serves it on the execution creditor (r 18.12). An execution creditor who wants to admit the claim serves the Sheriff with a notice of admission in accordance with Form 37 (r 18.13(1)). The Sheriff must then withdraw from possession of the property claimed (r 18.13(3)), and the execution creditor is not liable for the Sheriff's fees or expenses incurred under the process after the notice is served (r 18.13(2)).

When you need it

  • You are the judgment (execution) creditor and the Sheriff has served you with a notice of claim (Form 36).
  • You accept that the claimant is entitled to the property, its proceeds or its value, and do not want to fight it.
  • You want to stop further Sheriff's fees and expenses running against you for that property.

How to fill it in

  1. 1

    Heading

    Use the file number, Registry and party names of the proceeding in which the process was issued.

  2. 2

    Identify the notice of claim

    Insert the execution creditor's name, the date of the notice of claim and the claimant's name.

  3. 3

    Address for service

    Give the execution creditor's address for service: a place in Australia where documents can be left and posted, and an email address (r 11.01).

  4. 4

    Date and sign

    Sign as the execution creditor or its lawyer, and delete anything that does not apply.

Filing, lodging and service

  • Serve the notice on the Sheriff (r 18.13(1)).
  • Act quickly. If the execution creditor has not served a notice of admission within 4 days after being served with the notice of claim, and the claim has not been withdrawn, the Sheriff may apply for interpleader relief (r 18.14).
  • After a notice of admission, the Sheriff may still apply to restrain the claimant from suing the Sheriff over what was done in execution (r 18.13(4), (5)).

Common mistakes

  • Admitting the claim gives up execution against that property only. Check exactly which property the notice of claim covers before you admit it.
  • If you dispute the claim, do not serve Form 37; the Sheriff can then seek interpleader orders so the Court decides between you and the claimant (r 18.14).

Frequently Asked Questions

How long does an execution creditor have to admit a claim to the Sheriff?

The rules do not set a deadline for admitting, but if no notice of admission is served within 4 days after service of the notice of claim, the Sheriff may apply to the Court for interpleader relief (r 18.14).

What happens after I serve a notice of admission?

The Sheriff must withdraw from possession of the property claimed, and you are not liable for the Sheriff's later fees and expenses under the process (r 18.13(2), (3)).

Checked against the official sources on 26 October 2026

General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.

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