Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - REG 20.21

         (1)   Before selling property seized under an Enforcement Warrant, an enforcement officer must advertise a notice of the sale:

                (a)    at least once before the sale;

               (b)    stating:

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

                         (ii)    the details of the property to be sold; and

                (c)    in a newspaper circulating in the town or district in which the sale is to take place.

         (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 advertisement;

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

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