Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) This rule applies if land is to be sold under a seizure and sale order.
(2) An enforcement officer may—
(a) seek expressions of interest from real estate agents to market the land and conduct the sale; and
(b) appoint a real estate agent after considering any expressions of interest received.
(3) The costs of complying with subrule (2) are costs of enforcement of 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.
Note An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(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.