Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2215

Seizure and sale order—agreements to withdraw and re-enter

    (1)     This rule applies if property has been seized under a seizure and sale order and the enforcement creditor

        (a)     enters into an arrangement with the enforcement debtor that an enforcement officer may withdraw from and re-enter possession of the property; and

        (b)     tells the enforcement officer about the arrangement; and

        (c)     asks the enforcement officer to withdraw from possession of the property.

    (2)     The enforcement officer must withdraw from possession of the property and suspend enforcement of the seizure and sale order.

    (3)     However, the enforcement officer may, if asked in writing by the enforcement creditor, re-enter possession of the property and resume enforcement of the seizure and sale order.

    (4)     If property has been seized under a seizure and sale order and the enforcement creditor, without telling the enforcement officer about the arrangement mentioned in subrule (1), asks an enforcement officer to withdraw from possession or suspend enforcement of the order, other than for the purpose of postponing a sale for a reasonable time—

        (a)     the enforcement creditor is taken to have abandoned the enforcement of the order; and

        (b)     the enforcement officer must withdraw from possession of the property and return the order to the enforcement creditor.

    (5)     Subrule (4) does not apply if the court otherwise orders on application by the enforcement creditor.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.



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