NORTHERN TERRITORY OF AUSTRALIA
SHERIFF REGULATIONS 1967
As in force at 1 July 2024
Table of provisions
1 Citation ............................................................................................ 1
3 Publicity of sale................................................................................ 1
4 Place of sale .................................................................................... 1
5 Mode of sale .................................................................................... 1
6 Payment over by sheriff in certain cases ......................................... 2
7 Notice to sheriff not to pay money to execution creditor .................. 2
8 Suspension of execution.................................................................. 2
9 Persons arrested to be lodged in nearest custodial
correctional facility ........................................................................... 3
10 Service of process by sheriff............................................................ 3
11 Fees where sheriff does not execute process ................................. 3
12 Taxation of fees ............................................................................... 3
13 Expenses of sale ............................................................................. 3
14 Deposits on account of fees ............................................................ 4
15 Fees where execution not proceeded with ...................................... 4
16 Particulars of arrangement where execution discontinued .............. 4
16A Sheriff may waive poundage ........................................................... 4
17 Service at a distance ....................................................................... 4
18 Execution of process at a distance .................................................. 5
19 Default in payment of fees by legal practitioner ............................... 5
20 Notice to sheriff to return warrant etc. .............................................. 5
21 Notice to ex-sheriff to bring in body ................................................. 6
22 Fees ................................................................................................ 6
Schedule Fees payable to sheriff
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2024
SHERIFF REGULATIONS 1967
Regulations under the Sheriff Act 1962
1 Citation
These Regulations may be cited as the Sheriff Regulations 1967.
3 Publicity of sale
Where the sheriff intends to put up for sale any property taken in
execution, he shall cause notice of the time and place and
particulars of the property to be given at least 14 days prior to the
date of the intended sale in such manner as appears to him best
calculated to give publicity to such sale.
4 Place of sale
The sheriff shall cause any property taken in execution to be sold at
the place of levy, or elsewhere, as he deems most advantageous.
5 Mode of sale
(1) Unless the Court or a Judge otherwise directs, all property real or
personal taken in execution shall be offered for sale by the sheriff
by public auction, and, unless directed as aforesaid, shall not be
offered for sale in any house or premises licensed for the sale of
liquor or licensed for racing or wagering.
(2) The property may be sold in one lot or in several lots.
(3) Unless the Court or a Judge otherwise directs, every sale shall be
for cash on delivery, conveyance, assignment or transfer.
(4) Subject to subregulation (5), a sale shall be of the estate, right, title
or interest only of the party against whom the warrant of execution
has been issued in the chattels or land put up for sale.
Sheriff Regulations 1967 2
(5) With the consent in writing of any other person having any estate,
right, title, or interest in the chattels or land, the sale may be also of
the estate, right, title or interest of that other person if:
(a) the sheriff is of opinion that such a course is desirable in order
to obtain a more satisfactory sale under the warrant; and
(b) that other person and the judgment creditor and the judgment
debtor have agreed in writing upon the proportion in which the
net proceeds of the sale are to be divided.
6 Payment over by sheriff in certain cases
In a case not within section 93 of the Bankruptcy Act 1924-1965
when the sheriff, by virtue of any warrant directed to him, receives
any moneys, he shall pay them on demand to the party entitled to
receive them, or that party's legal practitioner, deducting from the
moneys all lawful charges, whether the warrant is then returnable or
not, unless he has received notice to retain the moneys from some
person claiming to be interested in them.
7 Notice to sheriff not to pay money to execution creditor
(1) Where the sheriff has, by virtue of any warrant directed to him,
received any moneys, and any person claiming to be interested in
them has served on the sheriff a notice requiring him not to pay
them over, the sheriff may retain the moneys in his hands, to abide
the order of the Court or a Judge thereon.
(2) The sheriff may, at the expiration of 4 days next after service of
such a notice on him, pay over such moneys in pursuance of the
warrant, unless in the meantime application is made by the party
giving the notice to the Court or a Judge, and notice thereof is
served on the sheriff.
8 Suspension of execution
(1) The sheriff shall not suspend the execution of any warrant or
process directed to him, except upon an absolute order in writing to
that effect lodged with him by the person entitled to the benefit of
the execution, or that person's legal practitioner.
(2) Any such person may at any time afterwards withdraw such an
order, and lodge with the sheriff a written instruction to execute the
warrant or process.
Sheriff Regulations 1967 3
9 Persons arrested to be lodged in nearest custodial
correctional facility
If a person is arrested by the sheriff on any civil process of the
Court, the person must be lodged in the custodial correctional
facility (as defined in section 11(1)(a) of the Correctional Services
Act 2014) nearest to the place of the person's arrest, and, subject to
any order by the Court or a Judge, the person must be detained
there until discharged in due course of law.
10 Service of process by sheriff
(1) The sheriff shall, if requested so to do by any party or that party's
legal practitioner, serve or cause to be served in the Northern
Territory any writ, notice, order, summons or other document
issued, made or prepared in or in relation to any cause or matter in
respect of which personal service is required by law or by the
practice of the Court.
(2) Such a request shall be in writing and shall contain the instructions
for service.
(3) The service of such a document may be proved by the affidavit of
the sheriff or officer of the sheriff effecting service, and no
subpoena to compel the attendance of the sheriff or officer in
respect of any matter arising out of the service shall be issued
except by leave of a Judge or an Associate Judge, which may be
obtained ex parte.
11 Fees where sheriff does not execute process
Where process is directed to any fit person appointed by the Court
or a Judge pursuant to section 12 of the Sheriff Act 1962, the fees
payable in ordinary cases to the sheriff by the person against whom
the process is sued out shall be due and payable to the person
suing out such process, except the fees for registering the warrant
and returning it.
12 Taxation of fees
The amount of any fees or charges payable to the sheriff shall be
taxed by an Associate Judge in case the sheriff and the person
liable to pay the fees or charges differ as to that amount.
13 Expenses of sale
Where property taken in execution is sold through an auctioneer or
agent, the gross proceeds of the sale shall, if the sheriff so requires,
be paid over to him by the auctioneer or agent, and the sheriff shall
after receiving them, or, in case the sheriff and the person liable to
Sheriff Regulations 1967 4
pay the fees and charges payable to the sheriff in respect of the
execution differ as to the amount of the fees and charges, after the
fees and charges have been taxed, pay to the auctioneer or agent
the proper charges and expenses due to him in connection with the
sale.
14 Deposits on account of fees
(1) Upon request being made for the execution or service of any
process or document, or for any work for which fees are properly
chargeable in the sheriff's office, the sheriff may require a deposit of
money in respect of the fees for the execution, service, or work and
an undertaking in writing to pay any further fees which may become
payable beyond the amount so deposited.
(2) Where any person has deposited an amount in excess of the fees
which are found to be payable, the sheriff shall, upon the amount
actually payable being ascertained, return the amount so deposited
in excess.
15 Fees where execution not proceeded with
Where an execution is withdrawn, satisfied, or stopped, the fees
payable in respect of the execution shall be paid by the person
issuing the execution, or the person at whose instance the sale is
stopped, as the case may be.
16 Particulars of arrangement where execution discontinued
Where execution has been levied upon any property and the sheriff
upon request has withdrawn from the property, the poundage upon
the full amount which the sheriff has been required to levy under
the warrant of execution lodged with him shall become forthwith
due and payable by the execution creditor or the execution
creditor's legal practitioner, as the case may be, unless an
arrangement which renders the sale unnecessary has been
reached between the execution creditor and the execution debtor or
a person on behalf of the execution debtor and full particulars of the
arrangement have been furnished to the sheriff within 14 days of
the making of the arrangement.
16A Sheriff may waive poundage
The sheriff or an officer of the sheriff may waive poundage payable
to him or her in respect of a warrant of execution.
17 Service at a distance
No officer of the sheriff shall be compellable to go more than
60 kilometres by the shortest route usually used to travel from his or
Sheriff Regulations 1967 5
her office or residence for the service of a writ, notice, order,
summons or other document, nor shall more than 160 kilometres of
the number of kilometres travelled be allowed in any case without
the order of a Judge or an Associate Judge.
18 Execution of process at a distance
(1) No greater expense shall be chargeable against any party,
respecting whom or whose property the execution of process is
made, for the extra cost of executing the process at a distance from
Darwin, than the cost of transmitting the process by the least
expensive mode to and from the office or residence of the officer of
the sheriff nearest to the place where the execution is made and
the number of kilometres travelled according to the distance of the
place where the execution is made from the office or residence of
that officer of the sheriff.
(2) No number of kilometres travelled shall be allowed under
subregulation (1) to any officer of the sheriff unless he states in his
return to the sheriff the number of kilometres that the place of
execution is from his office or residence.
19 Default in payment of fees by legal practitioner
If any legal practitioner, who has made a request for the execution
or service of any process or document, or for any work for which
fees are properly chargeable in the sheriff's office, makes default in
payment of any of the fees or charges properly chargeable, for a
period of 7 days after demand in writing by the sheriff, the sheriff
may report to the Court or a Judge the name of the legal
practitioner so making default, and the Court or Judge may
thereupon make all necessary orders to enforce payment of the
fees or charges, and the sheriff may, with the consent of the
Attorney-General, commit to the Crown Law Officer the matter of
enforcing the orders.
20 Notice to sheriff to return warrant etc.
No order shall issue for the return of any warrant, or to bring in the
body of a person ordered to be attached or committed; but a notice
from the person issuing a warrant or obtaining an order for
attachment or committal (if not represented by a legal practitioner),
or by that person's legal practitioner, calling upon the sheriff to
return the warrant or to bring in the body within a given time, if not
complied with, shall entitle the last mentioned person to apply for an
order for the committal of the sheriff.
Sheriff Regulations 1967 6
21 Notice to ex-sheriff to bring in body
When a sheriff being going out of office, arrests a defendant and
renders a return of cepi corpus, but does not on ceasing to be
sheriff transfer the custody of the defendant to the incoming sheriff,
he may be called upon by a notice under regulation 20 to bring in
the body within the time allowed by law, although he may be out of
office before the notice is given.
22 Fees
The fees set out in the Schedule are payable to the sheriff in
respect of the matters set out in that Schedule.
Schedule Fees payable to sheriff
Sheriff Regulations 1967 7
Schedule Fees payable to sheriff
regulation 22
MATTERS FOR WHICH FEES
PAYABLE
FEES
Service of a writ, notice, order, summons
or other document if the distance
travelled from the office or residence of
the sheriff or officer of the sheriff (as
applicable) is 25 kilometres or less
125 revenue units
Subject to items 3 and 4, service of a
writ, notice, order, summons or other
document if the distance travelled from
the office or residence of the sheriff or
officer of the sheriff (as applicable)
exceeds 25 kilometres
125 revenue units plus
90 cents for each
kilometre by which the
distance travelled
exceeds 25 (one way)
Service if the distance travelled is in
accordance with item 2 and is for the
purpose of serving one person with more
than one document
The fee at item 2 is
payable in respect of the
first document to be
served and half that fee is
payable in respect of each
other document to be
served
Service if the distance travelled is in
accordance with item 2 and is for the
purpose of serving more than one person
in the same locality
The fee at item 2 is
payable in respect of the
first person to be served
and half that fee is
payable in respect of each
other person to be served
Executing a warrant or other process of
execution if the distance travelled from
the office or residence of the sheriff or
officer of the sheriff (as applicable) is
25 kilometres or less
175 revenue units
Subject to items 7 and 8, executing a
warrant or other process of execution if
the distance travelled from the office or
residence of the sheriff or officer of the
sheriff (as applicable) exceeds
25 kilometres
175 revenue units plus
90 cents for each
kilometre by which the
distance travelled
exceeds 25 (one way)
Schedule Fees payable to sheriff
Sheriff Regulations 1967 8
7. Executing process if the distance
travelled is in accordance with item 6 and
is for the purpose of executing more than
one process in respect of the same
person
The fee at item 6 is
payable in respect of the
first process to be
executed and half that fee
is payable in respect of
each other process to be
executed
8. Executing process if the distance
travelled is in accordance with item 6 and
is for the purpose of executing process in
respect of more than one person in the
same locality
The fee at item 6 is
payable in respect of the
first person in relation to
whom process is to be
executed and half that fee
is payable in respect of
each other person in
relation to whom process
is to be executed
9. Poundage in relation to a warrant of
execution
5% of the total amount
levied on the property
taken under the warrant
10. Expenses in relation to executing
process including postage, telephone
calls, facsimile messages, assistants'
travel and auctions (including employing
an auctioneer)
The amount actually and
reasonably paid
11. Arresting a person 135 revenue units
12. Travelling or other expenses of the
sheriff or officer of the sheriff and
detainee when attending a court in
pursuance of a Judge's order
The amount actually and
reasonably paid
13. Expenses in respect of sheriff's
assistants
The amount actually and
reasonably paid
14. A matter incidental to the performance of
the duties of the sheriff or officer of the
sheriff not specified in this Schedule
55 revenue units, or an
amount in excess of
55 revenue units if it is
authorised in writing by an
Associate Judge
ENDNOTES
Sheriff Regulations 1967 9
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Sheriff Regulations (SL No. 1, 1967)
Notified 15 February 1967
Commenced 15 February 1967
Amendment to the Sheriff Regulations (SL No. 25, 1967)
Notified 6 December 1967
Commenced 6 December 1967
Amendments of the Sheriff Regulations (SL No. 8, 1984)
Notified 14 March 1984
Commenced 14 March 1984
Amendments of Sheriff Regulations (SL No. 11, 2000)
Notified 1 March 2000
Commenced 1 March 2000
Amendment of Sheriff Regulations (SL No. 18, 2001)
Notified 14 March 2001
Commenced 14 March 2001
Courts Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 36, 2006)
Notified 8 November 2006
Commenced 8 November 2006
Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)
Assent date 17 May 2007
Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);
rem: 17 May 2007
Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009)
Notified 14 December 2009
Commenced 1 January 2010 (r 2)
ENDNOTES
Sheriff Regulations 1967 10
Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,
2014)
Assent date 4 September 2014
Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)
Statute Law Revision Act 2017 (Act No. 4, 2017)
Assent date 10 March 2017
Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)
Supreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)
Assent date 5 September 2017
Commenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)
Racing and Wagering Act 2024 (Act No. 8, 2024)
Assent date 9 April 2024
Commenced 1 July 2024 (Gaz G13, 20 June 2024, p 1)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by section 11 of the Ordinances
Revision Ordinance 1973 (Act No. 87, 1973) (as amended) to the following
provisions: rr 5, 7, 11, 16, 17, 18, 19, 21, 22 and sch.
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 9 and 11.
5 LIST OF AMENDMENTS
r 2 amd No. 11, 2000, r 5
rep Act No. 18, 2017, s 36
r 3 amd No. 25, 1967, r 1
r 5 amd No. 11, 2000, r 5; Act No. 8, 2024, s 337
r 6 amd No. 11, 2000, r 5; Act No. 7, 2007, s 16
r 7 amd No. 11, 2000, r 5
r 8 amd No. 11, 2000, r 5; Act No. 7, 2007, s 16
r 9 amd Act No. 27, 2014, s 57; Act No. 4, 2017, s 34
r 10 amd No. 11, 2000, r 2; Act No. 7, 2007, s 16; Act No. 18, 2017, s 36
r 12 amd Act No. 18, 2017, s 36
r 16 amd No. 11, 2000, r 5; Act No. 7, 2007, s 16
r 16A ins No. 11, 2000, r 3
r 17 amd No. 8, 1984, r 1; No. 11, 2000, r 5; Act No. 18, 2017, s 36
r 18 amd No. 8, 1984, r 2
r 19 amd Act No. 7, 2007, s 16
r 20 amd No. 11, 2000, r 5; Act No. 7, 2007, s 16
sch sub No. 8, 1984, r 3; No. 11, 2000, r 4
amd No. 18, 2001; No. 36, 2006, r 12; No. 34, 2009, r 10; Act No. 27, 2014,
s 57; Act No. 18, 2017, s 36