Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p90
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 90/100)
Character Range: 334705–337344

(iii) details of the real property proposed to be sold including the address and description of the land title of the property;
 (iv) details of all encumbrances registered against the real property on the date of registration of the Enforcement Warrant;
 (v) the costs incurred to register the Enforcement Warrant;
 (vi) the current value of the real property, as stated in a real estate agent's market appraisal.
 (2) The payee is liable to pay to the enforcement officer the reasonable fees and expenses of the enforcement.
 (3) The costs referred to in subparagraph (1)(b)(v) and the fees and expenses referred to in subrule (2) may:
 (a) be added to, and form part of, the costs of the Enforcement Warrant; and
 (b) be recovered under the Warrant.

11.26  Orders for real property
 (1) This rule applies to real property in relation to which:
 (a) an Enforcement Warrant has been requested or issued; or
 (b) an enforcement order for seizure and sale has been applied for or made.
 (2) A payee, payer or enforcement officer may apply for an order:
 (a) that the real property be transferred or assigned to a trustee; or
 (b) that a party sign all documents necessary for the transfer or assignment; or
 (c) in aid of or relating to the sale of the real property, including any of the following orders:
 (i) about the possession or occupancy of the real property until its sale;
 (ii) specifying the kind of sale, whether by contract conditional on approval of the court, private sale, tender or auction;
 (iii) setting a minimum price;
 (iv) requiring payment of the purchase price to a trustee;
 (v) settling the particulars and conditions of sale;
 (vi) for obtaining evidence of value;
 (vii) specifying the remuneration to be allowed to an auctioneer, estate agent, trustee or other person; or
 (d) about the disposition of the proceeds of the sale of the real property; or
 (e) in relation to the reasonable fees and expenses of the enforcement.
 (3) The court may hear an application under subrule (1) in chambers, in the absence of the parties, on the documents filed.

11.27  Notice of claim by person affected by an Enforcement Warrant
 (1) If an enforcement officer seizes, or intends to seize, property under an Enforcement Warrant, an affected person may serve a notice of claim on the enforcement officer.
Note: For affected person, see rule 1.05.
 (2) A notice of claim must:
 (a) be in writing; and
 (b) state the name and address of the affected person; and
 (c) identify each item of property that is the subject of the claim; and
 (d) state the grounds of the claim.
 (3) The enforcement officer must serve a copy of