ACTIn ForceRegulation
Court Procedures Rules
2218Seizure and sale order—additional provisions relating to
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2218 Seizure and sale order—additional provisions relating to
land
(1) This rule applies if land is to be sold under a seizure and sale order.
(2) An enforcement officer may appoint a real estate agent to market the
land and conduct the sale.
(3) The agent’s costs in marketing and selling the land are costs of
enforcing the seizure and sale order.
(4) The enforcement officer or appointed real estate agent may postpone
the sale of the land if the officer or agent considers that an immediate
sale would result in a sacrifice of the value of the land.
(5) The enforcement officer must—
(a) search the title of the land for any encumbrances; and
(b) make inquiries about the outstanding value of any
encumbrances.
(6) The enforcement officer must take the value of any encumbrances
into account in setting the reserve price of the property.
Rule 2218A
(7) On application by the enforcement officer, the court may make any
order it considers appropriate in aid of the sale of the land under the
seizure and sale order, including, for example, an order for the
disclosure of the amount owing under an encumbrance on the land.
(8) Part 6.2 (Applications in proceedings) does not apply to an
application under subrule (7).
(9) An application under subrule (7) need not be served on anyone unless
(10) Unless the court otherwise orders on its own initiative, an application
under subrule (7) must be dealt with without a hearing and in the
absence of the parties.
(11) If the court makes an order under subrule (7), the registrar must give
a sealed copy of the order to the enforcement creditor and