Family Court Rules 2021

An enforcement officer must —

seize or sell property of the respondent in the sequence that the enforcement officer considers is best for —

promptly enforcing the warrant; and

avoiding undue expense or delay; and

minimising hardship to the payer and any other person affected;

on enforcing the warrant —

serve a copy of the warrant on the payer; or

leave the warrant at the place where it was enforced;

give the payer an inventory of any property seized under the warrant; and

advertise the property in accordance with rule 390; and

sell the seized property —

quickly, having regard to the parties’ interests and the desirability of a beneficial sale of the property; and

at the place where it seems best for a beneficial sale of the property; and

by auction, tender or private sale.

The enforcement officer may —

postpone the sale of the property; and

refuse to proceed with the sale of the property; and

seek further information or documents from a payee; and

defer enforcement until a fee or expense is paid or an undertaking to pay the fee or expense is given; and

require the payee to indemnify the enforcement officer against any claims arising from the enforcement; and

sign any documents relating to the transfer of ownership of the property, and any other documents necessary to give title of the property to the purchaser of the property; and

recover reasonable fees and expenses associated with the enforcement.

For the purposes of subrule (2)(g), fees and expenses recovered by an enforcement officer for enforcing a warrant are taken to be reasonable if the fees and expenses are in accordance with a legislative provision of the Commonwealth, or the State or Territory in which the warrant was enforced.