Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 11.22

Sale of property at reasonable price

             (1)  An enforcement officer must, in good faith and with reasonable care having regard to all circumstances relevant to the sale of property seized under an Enforcement Warrant, fix a reasonable price for the property.

             (2)  For the purposes of subrule (1), circumstances relevant to the sale price of real property seized under an Enforcement Warrant include:

                     (a)  the current value of the property, as provided to the enforcement officer under subparagraph 11.25(1)(b)(vi); and

                     (b)  the amount of the highest bid received for the property at any auction of the property.

Note:          The enforcement officer or payee may apply, after giving notice to the payer, for an order entitling the enforcement officer to sell the property for the best price obtainable (see rule 11.26).



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