New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 39.22

39.22 Judgment creditor's application for sale

(cf DCR Part 36, rules 4 and 6; LCR Part 30A, rules 5 and 7)

(1) Land may not be sold under a writ for the levy of property until the following steps have been completed--

(a) the judgment creditor has filed an affidavit of service of a judgment creditor's notice under rule 39.21,

(b) the judgment creditor has filed a notice of sale in the approved form (the
"notice of sale" ) and lodged 6 copies of it with the registrar,

(c) the registrar has sealed each copy of the notice of sale so lodged and returned them to the judgment creditor,

(d) the judgment creditor has given the 6 sealed copies of the notice of sale to the Sheriff,

(d1) if required to do so under rule 39.3A, the judgment creditor has informed the Sheriff, in accordance with that rule, as to whether any person is in occupation of the land,

(e) the Sheriff has fixed a date for the sale of the land, being a date occurring not less than 4 weeks after the date on which the judgment creditor's notice was served on the judgment debtor,

(f) the Sheriff has inserted the date so fixed in each copy of the notice of sale,

(g) the Sheriff has returned 2 copies of the notice of sale, in which the date for the sale of the land has been inserted, to the judgment creditor,

(h) at least one week before the date for the sale of the land, the judgment creditor has served a copy of the notice of sale, in which the date for the sale of the land has been inserted, on the judgment debtor,

(i) the judgment creditor has furnished to the Sheriff such information as in his or her possession, or as he or she can reasonably obtain, that is relevant to the ascertainment of the value of the interest to be sold, including--

(i) particulars of the value most recently assigned by the Valuer-General to the land the subject of the interest, and

(ii) particulars of the title to that land as revealed by a recent search at the office of the Registrar-General.

(2) The approved form referred to in subrule (1)(b) must contain a statement reminding the judgment debtor of his or her right to apply for an instalment order under section 107 of the Civil Procedure Act 2005 .