Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 20 OF 1997) - REG 3

Leave for issue of writs in aid

“3A. (1) Notwithstanding rules 3 and 4, a writ of venditioni exponas or other writ in aid of a writ of fieri facias shall not be issued except with the leave of the Court.

“(2) Application for leave under subrule (1) shall be by motion on notice.

“(3) Notice of motion for leave under subrule (1) shall be given to—

        (a)     the Sheriff;

        (b)     the judgment debtor; and

        (c)     any person known to the Sheriff or the judgment creditor to claim an interest in relation to all or part of the real or personal estate of the judgment debtor, including any occupier of premises constituting all or part of that real estate.

“(4) Leave under subrule (1) may be given on such terms as the Court considers just, including directions with respect to—

        (a)     the issue of subpoenas to give evidence, for production, or both, before the Court or an officer of the Court;

        (b)     the mode of sale of all or part of the real or personal estate of the judgment debtor; and

        (c)     the engagement, for the purpose of such a sale, of valuers or other persons with appropriate expertise.”.