Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 20.24

Orders for real property

(1) For real property that is the subject of an Enforcement Warrant, a payee or enforcement officer may apply for an order:

(a)
that the real property be transferred or assigned to a trustee;

(b)
that a party sign all documents necessary for the transfer or assignment;

(c)
in aid of or relating to the sale of the real property, including an order:

(i)
about the possession or occupancy of the real property until its sale;
(ii)
specifying the kind of sale, whether by contract conditional on approval of the court, private sale, tender or auction;
(iii)
setting a minimum price;
(iv)
requiring payment of the purchase price to a trustee;
(v)
settling the particulars and conditions of sale;
(vi)
for obtaining evidence of value; and
(vii)
specifying the remuneration to be allowed to an auctioneer, estate agent, trustee or other person; or
(d)
about the disposition of the proceeds of the sale of the real property.

Note
An application under subrule (1) must be in a Form 2 (see rule 5.01).

(2)
The court may hear an application under subrule (1) in chambers, in the absence of the parties, on the documents filed.



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