61Sale under writ

61 Sale under writ

(1)  In this section, writ means –

(a) a writ of fieri facias issued out of the High Court of Australia or out of the Supreme Court;

(b) [Section 61 Subsection (1) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998] a writ enforcing a judgment or order issued under the Magistrates Court (Civil Division) Act 1992 ; or

(c) a direction, decree, or order of the High Court of Australia, the Supreme Court, the Family Court of Australia, or any court of competent jurisdiction directing or authorizing the sale of any estate or interest in land.

(2)  [Section 61 Subsection (2) amended by No. 23 of 2021, s. 60, Applied:01 Jan 2022] No execution of any writ shall bind, charge, or affect any estate or interest in registered land except within the period of 90 days after it has been recorded in accordance with subsection (3) .

(3)  *[Section 61 Subsection (3) amended by No. 21 of 1996, s. 19 ]*The Recorder, pursuant to an application in an approved form which –

(a) is accompanied by a copy of a writ;

(b) identifies, by reference to a folio of the Register or to a registered dealing, the land sought to be affected by that writ; and

(c) incorporates, or is supported by, a statutory declaration that, to the Recorder's satisfaction, identifies the judgment debtor named in the writ with the registered proprietor of the land comprised in that folio or registered dealing –

shall record the writ on that folio or registered dealing.

(4)  [Section 61 Subsection (4) amended by No. 23 of 2021, s. 60, Applied:01 Jan 2022] [Section 61 Subsection (4) amended by No. 23 of 2021, s. 60, Applied:01 Jan 2022] Subject to this section, where a writ recorded pursuant to is executed by sale of all or part of the land to which the recording relates, and a transfer pursuant to the sale is lodged for registration within 90 days after that recording, the Recorder shall register the transfer, notwithstanding that a dealing with the land by the registered proprietor has already been lodged for registration, and for that purpose may call in the relevant certificate of title, if any, or duplicate registered dealing, if any, or use the certificate of title or duplicate registered dealing if it is in the Recorder’s possession.