Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 11.21

             (1)  Before selling property seized under an Enforcement Warrant, an enforcement officer must publish a notice of the sale, at least once before the sale, in a newspaper circulating in the town or district in which the sale is to take place. The notice must state:

                     (a)  the time and place of the sale; and

                     (b)  the details of the property to be sold.

             (2)  Subrule (1) does not apply if the property seized is perishable.

             (3)  For a sale of real property, the notice of sale must include the following details:

                     (a)  a concise description of the real property, including its location, that would enable an interested person to identify it;

                     (b)  a general statement about any improvements of the real property;

                     (c)  a statement of the payer's last known address;

                     (d)  a statement of the payer's interest, and any entries in the land titles register, that affect or may affect the real property as at the date of the notice;

                     (e)  a statement about where a copy of the contract for sale of the property can be obtained.

             (4)  A copy of the notice must be served on the payer at least 14 days before the intended date of sale.