Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This rule applies if land is to be sold under a seizure and sale order.
(2) An enforcement officer may appoint a real estate agent to market the land and conduct the sale.
(3) The agent's costs in marketing and selling the land are costs of enforcing the seizure and sale order.
(4) The enforcement officer or appointed real estate agent may postpone the sale of the land if the officer or agent considers that an immediate sale would result in a sacrifice of the value of the land.
(5) The enforcement officer must—
(a) search the title of the land for any encumbrances; and
(b) make inquiries about the outstanding value of any encumbrances.
(6) The enforcement officer must take the value of any encumbrances into account in setting the reserve price of the property.
(7) On application by the enforcement officer, the court may make any order it considers appropriate in aid of the sale of the land under the seizure and sale order, including, for example, an order for the disclosure of the amount owing under an encumbrance on the land.
(8) Part 6.2 (Applications in proceedings) does not apply to an application under subrule (7).
(9) An application under subrule (7) need not be served on anyone unless the court otherwise orders on its own initiative.
(10) Unless the court otherwise orders on its own initiative, an application under subrule (7) must be dealt with without a hearing and in the absence of the parties.
(11) If the court makes an order under subrule (7), the registrar must give a sealed copy of the order to the enforcement creditor and enforcement debtor.