Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2405

Charging order—issuer etc dealing with charged property

    (1)     This rule applies to—

        (a)     a person who issued or administers charged property and has been served with a charging order in relation to the property; and

        (b)     anyone else who has notice of a charging order in relation to property.

    (2)     The person must not sell, transfer or otherwise deal with the property otherwise than in accordance with the directions of the court or the enforcement creditor.

    (3)     If the person deals with the property in contravention of subrule (2), the person is liable to the enforcement creditor for whichever is the smaller of—

        (a)     the value or amount of the charged property sold, transferred or otherwise dealt with; and

        (b)     the order debt.



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