Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) An enforcement creditor on whose application a seizure and sale order has been made may file in the court—
(a) an agreement with the enforcement debtor about the amount of the enforcement creditor's costs of enforcement (a costs agreement ); or
Note Rule 1702 (Costs—agreement about costs) applies to the agreement.
(b) a bill of costs.
(2) A costs agreement or bill of costs must be filed—
(a) not later than 2 months after the day an enforcement officer receives the proceeds of any sale under the seizure and sale order; or
(b) within any longer time the enforcement debtor agrees to in writing.
(3) If the enforcement creditor files a costs agreement in accordance with subrule (2), the registrar must pay the enforcement debtor any amount held by the court over the amount necessary to satisfy the seizure and sale order.
(4) If the enforcement creditor files a bill of costs in accordance with subrule (2), the registrar must pay the enforcement debtor, before assessing the costs, any amount held by the court over the amount that, on the basis of the amount claimed in the bill of costs, is necessary to satisfy the seizure and sale order.
(5) If the enforcement creditor does not file a costs agreement or bill of costs in accordance with subrule (2), the registrar may pay the enforcement debtor any amount held by the court over the total amount necessary to satisfy the seizure and sale order (including interest) and the costs of enforcement then known to the registrar.
(6) The registrar must pay the enforcement creditor any of the proceeds of sale that the registrar is not required by this rule to pay to the enforcement debtor.
(7) This rule does not affect the right of the enforcement creditor to recover from the enforcement debtor the costs of enforcement of the seizure and sale order.