Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 2235

    (1)     If property seized under a seizure and sale order remains unsold after being offered for sale at an auction, the court may, on application by the enforcement creditor, make an order for the disposal of the property.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (2)     An application under subrule (1) must be made not later than 4 weeks after the day of the auction.

    (3)     In considering whether to make an order for the disposal of the property, the court must have regard to—

        (a)     the amount of the enforcement debt and costs and charges remaining unpaid; and

        (b)     any hardship that would be imposed on the enforcement creditor if the order were not made and on the enforcement debtor if the order were made.

    (4)     If—

        (a)     the enforcement creditor does not make an application in accordance with subrule (2) in relation to property remaining unsold; or

        (b)     the court refuses to make an order under subrule (1) for the disposal of property remaining unsold;

the property must be returned to the enforcement debtor.