Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 69.04

Order of sale

    (1)     Subject to paragraphs (2) and (3), where it appears to the sheriff that property subject to levy under a warrant is more than sufficient to satisfy the amount to be levied, the sheriff shall take or sell so much of the property as appears to the sheriff to be sufficient.

    (2)     Subject to paragraph (3), the sheriff shall take or sell property—

        (a)     in such order as seems to the sheriff best for the prompt execution of the warrant without undue expense;

        (b)     subject to paragraph (2)(a), in such order as the debtor directs; and

        (c)     subject to paragraph (2)(a) and (b), in such order as seems to the sheriff best for minimising hardship to the debtor and other persons.

    (3)     Land shall not be put up for sale under the warrant until all other property liable to sale under the warrant has been sold unless the debtor so requests.

    (4)     The Court may order that property subject to levy under the warrant be taken or sold otherwise than in accordance with the preceding paragraphs.



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