Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 2217

    (1)     To set an amount as a reasonable value of the property to be sold under a seizure and sale order, the enforcement officer—

        (a)     may engage a suitably qualified and experienced valuer to give the enforcement officer an opinion about the value of the property; and

        (b)     may require the enforcement creditor to provide any information about the property that the enforcement creditor knows or can reasonably obtain; and

        (c)     may seek any other information the enforcement officer considers appropriate.

    (2)     If the enforcement creditor fails to comply with the enforcement officer's request, the enforcement officer may refuse to proceed with the sale until the information is provided or the court otherwise orders on the application of the enforcement creditor.

Note     Pt 6.2 (Applications in proceedings) applies to an application by the enforcement creditor.

    (3)     The enforcement officer's costs under this rule are costs of enforcement of the seizure and sale order.

    (4)     The enforcement officer may communicate the amount set as a reasonable value of property to be sold to any person before the sale only if the communication is necessary to conduct the sale or there is another sufficient excuse.