Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2008 (NO 1) (NO 25 OF 2008) - REG 15

insert

2218A     Seizure and sale order—appointment of real estate agent

    (1)     For rule 2218 (2), an enforcement officer may appoint a real estate agent

        (a)     after—

              (i)     seeking expressions of interest from real estate agents to market the land and conduct the sale; and

              (ii)     considering any expressions of interest received, and the qualifications and experience of an agent who expresses an interest; or

        (b)     from a panel established under subrule (2).

    (2)     The sheriff may establish a panel of real estate agents with appropriate qualifications and experience to market and sell land under a seizure and sale order.

    (3)     For subrule (2), the sheriff must—

        (a)     call for expressions of interest from real estate agents who wish to be included on the panel; and

        (b)     may arrange for enforcement officers to appoint agents from the panel—

              (i)     on rotation; or

              (ii)     because the agent's business is concentrated in the area where land to be sold is situated; or

              (iii)     for any other reason the sheriff considers relevant.

    (4)     An expression of interest from a real estate agent must include the agent's fees or other remuneration, and the agent's proposed arrangements, for the marketing and sale of land under this rule.