Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This rule applies if the enforcement creditor admits the claimant's claim under rule 2605 by serving notice on the enforcement officer under rule 2607.
(2) The enforcement creditor is not liable to the enforcement officer for fees or expenses incurred by the enforcement officer under the enforcement order after the notice is given to the enforcement officer.
(3) The enforcement officer must—
(a) withdraw from possession of the property in relation to which the claim is admitted (the relevant property ); or
(b) if the relevant property has been sold—pay the proceeds of sale into court and tell the enforcement debtor and the claimant in writing that the proceeds of sale have been paid into court.
(4) On application by the enforcement officer, the court may restrain the claimant from starting or continuing a proceeding in a court against the enforcement officer in relation to anything done, or omitted to be done, by the enforcement officer in executing the enforcement order in relation to the relevant property.
Note Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
(5) The application must be supported by an affidavit to which the notices mentioned in rule 2605 (2) and rule 2607 (2) are annexed.
(6) If the enforcement officer is sued by the claimant in a proceeding in the court in relation to the relevant property, the enforcement officer may apply to the court for an order under subrule (4) in that proceeding.
(7) If subrule (6) does not apply to the enforcement officer, the enforcement officer may apply to the court for an order under subrule (4) in—
(a) the proceeding in which the enforcement order was made; or
(b) if a proceeding is pending in which the property's ownership is an issue—the pending proceeding.
(8) An application for an order under subrule (4) and supporting affidavits must be served on the claimant personally.