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See UCPR 39.22 for more information.
You MUST use this [Form 68] Notice of Sale if you:
1️⃣ Want the Sheriff to proceed with the sale of land owned by the Judgment Debtor; and you
2️⃣ Have served a copy of the [Form 67] Judgment Creditor’s Notice on the Judgment Debtor; and
3️⃣ 4 weeks have elapsed and the debt remains unpaid.
UCPR 4.7A sets out how you are to describe the land in this Notice.
⚖️ You MUST file 6 copies of this Notice of Sale with the Court that issued the Judgment Creditor’s Notice.
The Court will seal the documents and return them to you.
⚖️ You MUST send the documents to the Sheriff.
The Sheriff will then fix a date for the sale of land and insert it in the 6 copies of the Notice of Sale.
The Sheriff will then return 2 copies of the Notice of Sale to you.
⚖️ At least 1 week before the date for the sale of the land you MUST serve a copy of the Notice of Sale (in which the date for the sale of the land has been inserted) on the Judgment Debtor.
✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;
✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court.
Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.
The type of Notice you are filing with the NSW Courts will determine whether a specific UCPR form is required to be filed, and what documents are required to be filed in support.
In short, due to the complexities involved in determining which form of Notice to use, together with the crucial importance of getting the details of the Notice and supporting documentation right:
➲ We recommend you contact our legal team to obtain legal advice and guidance regarding which:
⚖️ Form is required due to the type of Notice being filed; and which
⚖️ NSW Courts Practice Note (if any) applies; and accordingly which
⚖️ Documents MUST or may be filed in support of your Notice.
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