ACTIn ForceRegulation
Court Procedures Rules
2235Seizure and sale order—order for disposal and return of
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2235 Seizure and sale order—order for disposal and return of
property to enforcement debtor
(1) If property seized under a seizure and sale order remains unsold after
being offered for sale at an auction, the court may, on application by
the enforcement creditor, make an order for the disposal of the
(2) An application under subrule (1) must be made not later than 4 weeks
after the day of the auction.
(3) In considering whether to make an order for the disposal of the
property, the court must have regard to—
(a) the amount of the enforcement debt and costs and charges
remaining unpaid; and
(b) any hardship that would be imposed on the enforcement creditor
if the order were not made and on the enforcement debtor if the
order were made.
(4) If—
(a) the enforcement creditor does not make an application in
accordance with subrule (2) in relation to property remaining
unsold; or
Rule 2300
(b) the court refuses to make an order under subrule (1) for the
disposal of property remaining unsold;
the property must be returned to the enforcement debtor.
Division 2.18.6 Enforcement of money orders—debt
redirection orders generally