Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 834

834 Advertising

(1) Before selling seized property, an enforcement officer must arrange advertisement of a notice giving the time and place of sale together with details of the property to be sold.

Note—

For real property, see also rule 828 (6) (Seizure of property under enforcement warrant).

(2) However, an enforcement officer may sell seized goods without arranging the advertisement if—

(a) the goods are of a perishable nature; or

(b) the enforcement debtor requests it in writing.

(3) Also, if seized property is put up for sale at a public auction to be conducted by a person other than an enforcement officer—

(a) it is sufficient for a notice under subrule (1) to contain only the details reasonable and usual for a public auction of property of the same nature as the seized property; and

(b) subrule (4) does not apply and advertisement of the notice may be done in the way reasonable and usual for a public auction of property of the same nature as the seized property; and

(c) the enforcement officer may require any other advertising the enforcement officer considers reasonable.

(4) In this rule—

"advertisement" , of a notice, means—

(a) in any case—posting the notice at the registry of the court in the district where the property is located, not less than 2 weeks, and no more than 4 weeks, before the date of sale; and

(b) if there are 2 or more newspapers circulating in the district where the property is located—publication of the notice once in each of 2 of the newspapers not less than 2 weeks, and no more than 4 weeks, before the date of sale; and

(c) if there is only 1 newspaper circulating in the district where the property is located—publication of the notice twice in the newspaper on different days, if practicable, not less than 2 weeks, and no more than 4 weeks, before the date of sale; and

(d) if there is no newspaper circulating in the district where the property is located and the property to be sold is an interest in land—posting the notice on the land not less than 2 weeks, and no more than 4 weeks, before the date of sale; and

(e) if there is no newspaper circulating in the district where the property is located and the property to be sold is not an interest in land—posting the notice at the place where the sale is to take place not less than 2 weeks, and no more than 4 weeks, before the date of sale.