Australian Capital Territory Repealed Regulations

This legislation has been repealed.

MAGISTRATES COURT (CIVIL JURISDICTION) RULES 2004 (REPEALED) - REG 363

    (1)     Before an item of property is offered for sale at an auction under section 365, the bailiff shall, so far as he or she can do so by exercising reasonable diligence, determine the market value of the item.

    (2)     For subsection (1), the bailiff—

        (a)     may require the judgment creditor to give him or her any information about the property to be auctioned known to, or reasonably capable of being ascertained by, the judgment creditor; and

        (b)     if the nature and apparent value of the property is such that it is reasonable to do so—may engage a suitably qualified and experienced person to provide the bailiff with an opinion as to the value of the property; and

        (c)     may make the other inquiries that are reasonable.

    (3)     If a judgment creditor unreasonably fails to provide any information required under subsection (2) (a), the bailiff—

        (a)     shall report the failure to the registrar; and

        (b)     may refuse to proceed further towards the sale of the property.

    (4)     The bailiff shall, as soon as practicable after determining the market values of the items to be offered for sale under subsection (1), notify the judgment debtor in writing of those market values.