Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 2052

(SCR o 43 r 19 and r 20; MC(CJ)R s 346; NSW r 39.20; SCQA s 92; Qld r 817 (5), r 821 and r 909)

    (1)     This rule applies to the following enforcement orders:

    (a)     a seizure and sale order;

    (b)     an order for delivery of possession of land;

    (c)     an order for seizure and delivery of goods;

    (d)     an order for seizure and detention of property.

    (2)     The enforcement order remains in force for 1 year after the day it is made unless the order states that it ends at an earlier time.

Note 1     A seizure and sale order may be extended under r 2222 (Seizure and sale order—postponement of sale).

Note 2     The ending of a seizure and sale order under this rule does not affect any agreement for sale etc entered into before the order ends (see r 2228 (Seizure and sale order—effect of ending of order on completion of sale etc)).

    (3)     However, the order may be renewed for further periods of not longer than 1 year at a time.

    (4)     An application for renewal of an enforcement order—

    (a)     must be made before the order ends; and

    (b)     is made by filing in the court—

    (i)     a request for the order to be renewed for a stated period of not longer than 1 year; and

    (ii)     an affidavit setting out—

    (A)     the matters required to be included in the affidavit in support of an application for an enforcement order of that kind; and

    (B)     the reasons why the order has not been enforced during the period that the order has been in force.

    (5)     Part 6.2 (Applications in proceedings) does not apply to the application.

    (6)     The request and affidavit need not be served on anyone unless the court otherwise orders on its own initiative.

    (7)     Unless the court otherwise orders on its own initiative, an application for renewal of an enforcement order must be dealt with without a hearing and in the absence of the parties.

    (8)     If the court renews an enforcement order, the registrar must give a sealed copy of the order as renewed to an enforcement officer to be enforced.

    (9)     A renewed enforcement order must be stamped with the seal of the court to show the period for which the order is renewed.

    (10)     The priority of a renewed enforcement order is decided according to the date the enforcement order was originally made.

    (11)     The production of an enforcement order purporting to be stamped with the seal of the court and showing the period for which the order has been renewed is sufficient evidence for all purposes of the order having been renewed for the period.