ACTIn ForceRegulation
Court Procedures Rules
2212Seizure and sale order—order of seizing and selling
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2212 Seizure and sale order—order of seizing and selling
(1) An enforcement officer must seize and sell property under a seizure
(a) in the order appearing to the enforcement officer to be best for
the prompt enforcement of the order without unnecessary
expense; and
(b) subject to paragraph (a), in the order appearing to the
enforcement officer to be best for minimising hardship to the
enforcement debtor or other people; and
(c) subject to paragraphs (a) and (b), by seizing and selling personal
property before real property unless—
(i) the enforcement debtor asks for real property to be sold
before personal property; or
(ii) the court otherwise orders on application by the
enforcement debtor, the enforcement creditor or the
enforcement officer.
Note Pt 6.2 (Applications in proceedings) applies to an
application for an order otherwise ordering.
(2) An enforcement officer may seize and sell an item of property under
a seizure and sale order even though its value appears to exceed the
amount recoverable under the order, but must not seize or sell
additional items of property.
Rule 2213