> [!INFO] What is an interpleader summons? > The full definition is covered under [[Section 58 - Victoria Police Act]]. > If police have possession of property, but the ownership is disputed by 2 or more parties, a court hearing can be held in the Magistrates' Court to determine who should get the property. A functional example is when police obtain outstanding stolen property, such as a motor vehicle. If that motor vehicle was on-sold by the offender and then on-sold again, there might be issues with who wants the car at the end of the day. - Interpleader summons **can** be heard ex-parte. - **No action** can ever be brought against police in relation to the application before court, e.g. costs. - If/when the order is granted, the Magistrate can order that the goods be delivered to the claimant. # Practicalities of Hearing 1. Police serve a VP 752 on all parties with claim to the property. 1. This functions as a 'summons' for the *interpleader summons*. 2. The matter will be allocated to a Prosecutor. 3. On the day of the hearing, all parties must attend (including the informant). 1. Prosecutor: To lead evidence from the Informant re: how they came into possession of the property and what they know about the claimants of the property.