APPOINTMENT OF AN ENFORCEMENT OFFICER - BAILIFF

"Enforcement Officer", for a Court, means a Sheriff, Deputy Sheriff or Bailiff of the Court.The Court shall from time to time appoint a Bailiff or Bailiffs for the service and execution of process, judgments, and orders authorized by the Act.The Bailiff is assigned to a Bailiwick, which is the specific area in which he is required to perform his duties.

DUTIES OF THE ENFORCEMENT OFFICER - BAILIFF

Every Bailiff shall serve all claims, and execute all enforcement warrants (unless otherwise ordered by the Court in any particular case) coming to his hands for the purpose of service or execution, and the Bailiff shall in the execution of his duties conform to the Rules, and to the orders and directions of the Court.He shall cause all claims to be served on the respective defendants as soon as practicable after their delivery to him, and in the case of non-service, he shall return the service copies to the Plaintiff or their representative, together with a Notice signed by him, stating the reason why the claim has not been served; and provide an Affidavit concerning the matters contained in his Notice, if required by the Court.When more than one claim, subpoena, enforcement warrant - seizure and sale of property, or notice has been delivered to him to serve/execute, he shall serve/execute them in the order in which they were delivered to him.He shall return to the Court or Plaintiff any process he has received for service or execution by the Court with a report, signed by him, stating what has been done in relation to the process, on receiving a written request for such report from parties to the action.

DAYS ON WHICH SERVICE CANNOT BE EFFECTED

No Claim, Subpoena, Notice, Order, Warrant, or other process (not being a Warrant of Commitment) shall be served or executed on Christmas Day or Good Friday, but such days shall be counted in the computation of any time prescribed by the Rules in relation to such service.If any process is so served or executed, such service or execution shall be void and have no effect.

BAILIFF'S FEES

The Bailiff shall be entitled to receive and retain for his own use, the fees set forth in the Justice legislation (Variation of fees and costs) as amended, as Bailiff's fees.The Bailiff shall, out of such fees, provide for the performance of the duties for which the fees are allowed.

DIRECTIONS TO BAILIFF

Subject to the Rules, the Registrar may give such directions relating to the execution of any warrant, or other process as he thinks fit.

ENFORCEMENT WARRANTS FOR SEIZURE AND SALE OF PROPERTY

Upon receipt of an "Enforcement Warrant", he shall cause the Warrant to be executed as soon as practicable after its delivery to him, and shall certify to the Registrar, whenever requested, what he has done under such Warrant. If the Warrant has not been executed within one month from the date of delivery to him, he shall immediately upon the termination of such month, and upon the expiration of each month thereafter while it remains in his possession, certify to the Registrar what he has done under the Warrant and why it has not been executed.

PROPERTY THAT MAY BE SEIZED UNDER ENFORCEMENT WARRANT

A court may issue an enforcement warrant authorizing an enforcement officer to seize and sell in satisfaction of a money order, all real and personal property (other than exempt property) in which the enforcement debtor has a legal or beneficial interest.

ORDER OF SELLING PROPERTY

1. An enforcement officer must seize and sell property -

(a) in the order appearing to the enforcement officer to be best for the prompt enforcement of the warrant without undue expense; and

(b) in the order appearing to the enforcement officer to be best for minimizing hardship to theenforcement debtor and other persons.

1. However, land which is the enforcement debtor's principal place of residence may be put up for sale under an enforcement warrant only if -

(a) All other property liable to be sold under the warrant has been sold or is unlikely to be sufficient to satisfy the amount recoverable under the warrant; or(b) the enforcement debtor requests the land be sold before other property.

1. Also, on the application of an enforcement officer made without notice to an enforcement debtor, the Court may order an enforcement officer to seize or sell property in a different-order.
2. An enforcement officer may seize and sell an item of property even though the enforcement officer considers that its value exceeds the amount recoverable, but the enforcement officer must not in that case seize and sell additional items.

PAYMENT BY ENFORCEMENT DEBTOR BEFORE SALE

An enforcement officer must not sell property seized under an enforcement warrant if, at or before the sale, the enforcement debtor pays to the enforcement officer -(a) the amount owing under the order, including interest; and (b) the costs of enforcement then known to the enforcement officer; and(c) an amount set by the enforcement officer as security for the enforcement creditor's other costs of enforcement.

STORAGE BEFORE SALE

Until sale, an enforcement officer must put seized goods in an appropriate place, or give them to an appropriate person, approved by the enforcement officer for the purpose.

The enforcement creditor is liable to pay any storage/removal expenses but may recover them as costs of enforcement.

NATURE OF SALE

1. Unless the Court orders otherwise, an "enforcement officer" must put up for sale by public auction all property liable to be sold under an enforcement warrant -

(a) as early as possible, having regard to the interests of the parties; and(b) at a place appearing to the enforcement officer to be suitable for a beneficial sale of the -----property;

1. Property sold by public auction must be sold under the following conditions of sale -

(a) for goods, if the enforcement officer considers the particular lot in which the goods are to be auctioned is worth less than $500, or for other property if the enforcement debtor agrees - at the best price obtainable; (b) otherwise, if the reserve is reached - to the highest bidder;(c) if the enforcement officer considers there is a dispute as to who is the highest bidder, the  property is to be re-auctioned and knocked down to the highest bidder.

1. However, before a sale by public auction, a party (or) an enforcement officer may apply to the Court for an order that the property be sold privately.
2. If, on application by the enforcement creditor, the Court makes an order that the property be sold privately before a public auction, the Court may order that the enforcement creditor pay any costs-already incurred by the enforcement officer for the auction.
3. If property put up for sale at public auction is not sold by auction, the enforcement officer may sell the property privately on application to the Court, by himself or by the judgment creditor.

(a) for an amount not less than the highest bid made at the auction that the enforcement officer considers is a reasonable amount for the property; or
(b) in accordance with a Court order.

1. "Reserve", for property to be sold at auction, means the reserve amount set by the enforcement officer, being an amount the enforcement officer considers is not less than a reasonable amount for-the property.

1. Sale at best price obtainable
2. An enforcement officer may apply to the Court for an order to sell property at the best price-obtainable.
3. The enforcement debtor must be served with the applicatio

ADVERTISING

1. Before selling seized property, an enforcement officer must arrange advertisement of a notice giving -the time and place of sale together with details of the property to be sold.
2. However, an enforcement officer may sell seized goods without arranging the advertisement if:
   (a) the goods are of a perishable nature; or
   b) the enforcement debtors requests it in writing.
3. "Avertisement", of a notice, means -

(a) in any case - posting the notice at the registry of the Court in the district where the property is located, not less than 2 weeks, and no more than 4 weeks, before the date of sale; and
(b) if there are 2 or more newspapers circulating in the district where the property is located publication of the notice once in each of 2 of the newspapers not less than 2 weeks, and no more than 4 weeks, before the date of sale; and
(c) if there is only 1 newspaper circulating in the district where the property is located - publication-of the notice twice in the newspaper on different days, if practicable, not less than 2 weeks, -and no more than 4 weeks, before the date of sale; and
(d) if there is no newspaper circulating in the district where the property is located and the property to be sold is an interest in land - posting the notice on the land not less than 2 weeks, and no more than 4 weeks, before the date of sale; and
(e) if there is no newspaper circulating in the district where the property is located and the property -to be sold is not an interest in land - posting the notice at the place where the sale is to take -place not less than 2 weeks, and no more than 4 weeks, before the date of sale.

POSTPONEMENT OF SALE

1. The Court may, on application by the enforcement creditor or an enforcement officer, order that a sale of seized property be postponed to a specified date.
2. If the enforcement warrant authorizing the seizure would otherwise end before the specified date, the postponement extends the warrant's validity until the end of the specified date.

ACCOUNTABILITY FOR, AND DISTRIBUTION OF, MONEY RECEIVED

1. An enforcement officer must pay to the registrar all proceeds of sale and other money received by the enforcement officer under an enforcement warrant.
2. From the money received from the enforcement officer, the registrar must -

(a) pay the enforcement officer's fees and costs of enforcement to the enforcement officer; and

(b) pay any balance, up to the amount recoverable under the warrant, to the enforcement creditor;-and

(c) pay any balance, after payment to the enforcement creditor, to the enforcement debtor.

RESERVE PRICE PROVISIONS

1. To set an amount as a reasonable value of the property to be sold, the enforcement officer may require the enforcement creditor to provide any information about the property that is known to, or can reasonably be obtained by, the enforcement creditor.
2. If the enforcement creditor fails to comply with the enforcement officer's request, the enforcement officer may refuse to proceed with the sale.
3. The enforcement officer may communicate the amount set as a reasonable value of property to any-person before the sale only if the communication is necessary to conduct the sale or there is another sufficient excuse.

ENFORCEMENT DEBTOR DEALING WITH CHARGED PROPERTY

1. After being formally notified of an enforcement warrant to seize and sell property, the enforcement debtor must not sell, transfer or otherwise deal with the enforcement debtor's principal place of -residence without the Court's leave.
2. The Court may set aside or restrain any sale, transfer or other dealing that is in contravention of the preceding paragraph, unless to do so would prejudice the rights or interests of a genuine purchaser -without notice.

INDEMNITY

Before executing a Warrant, the Bailiff may request the Judgment Creditor to indemnify him against any claims or demands which may arise out of the execution of the Warrant.

SEIZURE OF A MOTOR VEHICLE

When a Bailiff is instructed to seize a motor vehicle pursuant to an Enforcement Warrant, the Judgment Creditor, Agent, or Solicitor, shall furnish to the Bailiff:- (a) A Department of Transport Motor Vehicle Search; and(b) A "REVS" (Register of Encumbered Vehicles) Certificate, being a Certificate of Registered-Interest issued by the Office of Fair Trading, pursuant to the Motor Vehicles Securities Act 1986.

REGISTRATION OF ENFORCEMENT WARRANTS AGAINST LAND

Before the sale under an Enforcement Warrant of any land, the Enforcement Warrant must be registered over title in the office in which the titles or estates or interest in the land are recorded) and no Enforcement Warrant shall bind or otherwise affect the land until it is so registered: Provided that no Enforcement Warrant, although duly registered as aforesaid, shall affect any land, or any estate or interest therein as to purchasers, mortgages, or creditors, unless such Warrant is executed within six calendar months from the date of lodgment of the Warrant.

ENFORCEMENT HEARING SUMMONS

When a Judgment Creditor obtains an "Order" for an Enforcement Hearing, a copy of such Order shall be served personally or posted to the person to whom it is directed, and such person is required to attend the Court at the time, date and place specified in the Order.If the Order is not served personally upon the person to whom it is directed, the Court may not issue a Warrant to compel that person's appearance.Where the copy of the Enforcement Hearing Summons is not served before the return date shown on the Order, the Court may extend the return of the Order from time to time, or be extended by the Bailiff if approved by the Court of issue.

ENFORCEMENT HEARING WARRANT - WARRANT OF ARREST

Every debtor (or company officer/employee/agent) who fails without sufficient cause shown to obey an "Order" to attend the Enforcement Hearing Summons, shall be liable and subject to all the penalties, including the liability to arrest for the purpose of being brought before the Court under an Enforcement Hearing Warrant.A Bailiff may call upon other Bailiffs and members of the Queensland Police Service to assist him in the apprehension of any person against whom an Enforcement Hearing Warrant is issued.