SHERIFF REGULATIONS 1967

NORTHERN TERRITORY OF AUSTRALIA SHERIFF REGULATIONS 1967 As in force at 1 July 2024 Table of provisions 1 Citation ............................................................................................ 1 3 Publicity of sale................................................................................ 1 4 Place of sale .................................................................................... 1 5 Mode of sale .................................................................................... 1 6 Payment over by sheriff in certain cases ......................................... 2 7 Notice to sheriff not to pay money to execution creditor .................. 2 8 Suspension of execution.................................................................. 2 9 Persons arrested to be lodged in nearest custodial correctional facility ........................................................................... 3 10 Service of process by sheriff............................................................ 3 11 Fees where sheriff does not execute process ................................. 3 12 Taxation of fees ............................................................................... 3 13 Expenses of sale ............................................................................. 3 14 Deposits on account of fees ............................................................ 4 15 Fees where execution not proceeded with ...................................... 4 16 Particulars of arrangement where execution discontinued .............. 4 16A Sheriff may waive poundage ........................................................... 4 17 Service at a distance ....................................................................... 4 18 Execution of process at a distance .................................................. 5 19 Default in payment of fees by legal practitioner ............................... 5 20 Notice to sheriff to return warrant etc. .............................................. 5 21 Notice to ex-sheriff to bring in body ................................................. 6 22 Fees ................................................................................................ 6 Schedule Fees payable to sheriff ENDNOTES -- 1 of 12 -- -- 2 of 12 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 July 2024 ____________________ SHERIFF REGULATIONS 1967 Regulations under the Sheriff Act 1962 1 Citation These Regulations may be cited as the Sheriff Regulations 1967. 3 Publicity of sale Where the sheriff intends to put up for sale any property taken in execution, he shall cause notice of the time and place and particulars of the property to be given at least 14 days prior to the date of the intended sale in such manner as appears to him best calculated to give publicity to such sale. 4 Place of sale The sheriff shall cause any property taken in execution to be sold at the place of levy, or elsewhere, as he deems most advantageous. 5 Mode of sale (1) Unless the Court or a Judge otherwise directs, all property real or personal taken in execution shall be offered for sale by the sheriff by public auction, and, unless directed as aforesaid, shall not be offered for sale in any house or premises licensed for the sale of liquor or licensed for racing or wagering. (2) The property may be sold in one lot or in several lots. (3) Unless the Court or a Judge otherwise directs, every sale shall be for cash on delivery, conveyance, assignment or transfer. (4) Subject to subregulation (5), a sale shall be of the estate, right, title or interest only of the party against whom the warrant of execution has been issued in the chattels or land put up for sale. -- 3 of 12 -- Sheriff Regulations 1967 2 (5) With the consent in writing of any other person having any estate, right, title, or interest in the chattels or land, the sale may be also of the estate, right, title or interest of that other person if: (a) the sheriff is of opinion that such a course is desirable in order to obtain a more satisfactory sale under the warrant; and (b) that other person and the judgment creditor and the judgment debtor have agreed in writing upon the proportion in which the net proceeds of the sale are to be divided. 6 Payment over by sheriff in certain cases In a case not within section 93 of the Bankruptcy Act 1924-1965 when the sheriff, by virtue of any warrant directed to him, receives any moneys, he shall pay them on demand to the party entitled to receive them, or that party's legal practitioner, deducting from the moneys all lawful charges, whether the warrant is then returnable or not, unless he has received notice to retain the moneys from some person claiming to be interested in them. 7 Notice to sheriff not to pay money to execution creditor (1) Where the sheriff has, by virtue of any warrant directed to him, received any moneys, and any person claiming to be interested in them has served on the sheriff a notice requiring him not to pay them over, the sheriff may retain the moneys in his hands, to abide the order of the Court or a Judge thereon. (2) The sheriff may, at the expiration of 4 days next after service of such a notice on him, pay over such moneys in pursuance of the warrant, unless in the meantime application is made by the party giving the notice to the Court or a Judge, and notice thereof is served on the sheriff. 8 Suspension of execution (1) The sheriff shall not suspend the execution of any warrant or process directed to him, except upon an absolute order in writing to that effect lodged with him by the person entitled to the benefit of the execution, or that person's legal practitioner. (2) Any such person may at any time afterwards withdraw such an order, and lodge with the sheriff a written instruction to execute the warrant or process. -- 4 of 12 -- Sheriff Regulations 1967 3 9 Persons arrested to be lodged in nearest custodial correctional facility If a person is arrested by the sheriff on any civil process of the Court, the person must be lodged in the custodial correctional facility (as defined in section 11(1)(a) of the Correctional Services Act 2014) nearest to the place of the person's arrest, and, subject to any order by the Court or a Judge, the person must be detained there until discharged in due course of law. 10 Service of process by sheriff (1) The sheriff shall, if requested so to do by any party or that party's legal practitioner, serve or cause to be served in the Northern Territory any writ, notice, order, summons or other document issued, made or prepared in or in relation to any cause or matter in respect of which personal service is required by law or by the practice of the Court. (2) Such a request shall be in writing and shall contain the instructions for service. (3) The service of such a document may be proved by the affidavit of the sheriff or officer of the sheriff effecting service, and no subpoena to compel the attendance of the sheriff or officer in respect of any matter arising out of the service shall be issued except by leave of a Judge or an Associate Judge, which may be obtained ex parte. 11 Fees where sheriff does not execute process Where process is directed to any fit person appointed by the Court or a Judge pursuant to section 12 of the Sheriff Act 1962, the fees payable in ordinary cases to the sheriff by the person against whom the process is sued out shall be due and payable to the person suing out such process, except the fees for registering the warrant and returning it. 12 Taxation of fees The amount of any fees or charges payable to the sheriff shall be taxed by an Associate Judge in case the sheriff and the person liable to pay the fees or charges differ as to that amount. 13 Expenses of sale Where property taken in execution is sold through an auctioneer or agent, the gross proceeds of the sale shall, if the sheriff so requires, be paid over to him by the auctioneer or agent, and the sheriff shall after receiving them, or, in case the sheriff and the person liable to -- 5 of 12 -- Sheriff Regulations 1967 4 pay the fees and charges payable to the sheriff in respect of the execution differ as to the amount of the fees and charges, after the fees and charges have been taxed, pay to the auctioneer or agent the proper charges and expenses due to him in connection with the sale. 14 Deposits on account of fees (1) Upon request being made for the execution or service of any process or document, or for any work for which fees are properly chargeable in the sheriff's office, the sheriff may require a deposit of money in respect of the fees for the execution, service, or work and an undertaking in writing to pay any further fees which may become payable beyond the amount so deposited. (2) Where any person has deposited an amount in excess of the fees which are found to be payable, the sheriff shall, upon the amount actually payable being ascertained, return the amount so deposited in excess. 15 Fees where execution not proceeded with Where an execution is withdrawn, satisfied, or stopped, the fees payable in respect of the execution shall be paid by the person issuing the execution, or the person at whose instance the sale is stopped, as the case may be. 16 Particulars of arrangement where execution discontinued Where execution has been levied upon any property and the sheriff upon request has withdrawn from the property, the poundage upon the full amount which the sheriff has been required to levy under the warrant of execution lodged with him shall become forthwith due and payable by the execution creditor or the execution creditor's legal practitioner, as the case may be, unless an arrangement which renders the sale unnecessary has been reached between the execution creditor and the execution debtor or a person on behalf of the execution debtor and full particulars of the arrangement have been furnished to the sheriff within 14 days of the making of the arrangement. 16A Sheriff may waive poundage The sheriff or an officer of the sheriff may waive poundage payable to him or her in respect of a warrant of execution. 17 Service at a distance No officer of the sheriff shall be compellable to go more than 60 kilometres by the shortest route usually used to travel from his or -- 6 of 12 -- Sheriff Regulations 1967 5 her office or residence for the service of a writ, notice, order, summons or other document, nor shall more than 160 kilometres of the number of kilometres travelled be allowed in any case without the order of a Judge or an Associate Judge. 18 Execution of process at a distance (1) No greater expense shall be chargeable against any party, respecting whom or whose property the execution of process is made, for the extra cost of executing the process at a distance from Darwin, than the cost of transmitting the process by the least expensive mode to and from the office or residence of the officer of the sheriff nearest to the place where the execution is made and the number of kilometres travelled according to the distance of the place where the execution is made from the office or residence of that officer of the sheriff. (2) No number of kilometres travelled shall be allowed under subregulation (1) to any officer of the sheriff unless he states in his return to the sheriff the number of kilometres that the place of execution is from his office or residence. 19 Default in payment of fees by legal practitioner If any legal practitioner, who has made a request for the execution or service of any process or document, or for any work for which fees are properly chargeable in the sheriff's office, makes default in payment of any of the fees or charges properly chargeable, for a period of 7 days after demand in writing by the sheriff, the sheriff may report to the Court or a Judge the name of the legal practitioner so making default, and the Court or Judge may thereupon make all necessary orders to enforce payment of the fees or charges, and the sheriff may, with the consent of the Attorney-General, commit to the Crown Law Officer the matter of enforcing the orders. 20 Notice to sheriff to return warrant etc. No order shall issue for the return of any warrant, or to bring in the body of a person ordered to be attached or committed; but a notice from the person issuing a warrant or obtaining an order for attachment or committal (if not represented by a legal practitioner), or by that person's legal practitioner, calling upon the sheriff to return the warrant or to bring in the body within a given time, if not complied with, shall entitle the last mentioned person to apply for an order for the committal of the sheriff. -- 7 of 12 -- Sheriff Regulations 1967 6 21 Notice to ex-sheriff to bring in body When a sheriff being going out of office, arrests a defendant and renders a return of cepi corpus, but does not on ceasing to be sheriff transfer the custody of the defendant to the incoming sheriff, he may be called upon by a notice under regulation 20 to bring in the body within the time allowed by law, although he may be out of office before the notice is given. 22 Fees The fees set out in the Schedule are payable to the sheriff in respect of the matters set out in that Schedule. -- 8 of 12 -- Schedule Fees payable to sheriff Sheriff Regulations 1967 7 Schedule Fees payable to sheriff regulation 22 MATTERS FOR WHICH FEES PAYABLE FEES 1. Service of a writ, notice, order, summons or other document if the distance travelled from the office or residence of the sheriff or officer of the sheriff (as applicable) is 25 kilometres or less 125 revenue units 2. Subject to items 3 and 4, service of a writ, notice, order, summons or other document if the distance travelled from the office or residence of the sheriff or officer of the sheriff (as applicable) exceeds 25 kilometres 125 revenue units plus 90 cents for each kilometre by which the distance travelled exceeds 25 (one way) 3. Service if the distance travelled is in accordance with item 2 and is for the purpose of serving one person with more than one document The fee at item 2 is payable in respect of the first document to be served and half that fee is payable in respect of each other document to be served 4. Service if the distance travelled is in accordance with item 2 and is for the purpose of serving more than one person in the same locality The fee at item 2 is payable in respect of the first person to be served and half that fee is payable in respect of each other person to be served 5. Executing a warrant or other process of execution if the distance travelled from the office or residence of the sheriff or officer of the sheriff (as applicable) is 25 kilometres or less 175 revenue units 6. Subject to items 7 and 8, executing a warrant or other process of execution if the distance travelled from the office or residence of the sheriff or officer of the sheriff (as applicable) exceeds 25 kilometres 175 revenue units plus 90 cents for each kilometre by which the distance travelled exceeds 25 (one way) -- 9 of 12 -- Schedule Fees payable to sheriff Sheriff Regulations 1967 8 7. Executing process if the distance travelled is in accordance with item 6 and is for the purpose of executing more than one process in respect of the same person The fee at item 6 is payable in respect of the first process to be executed and half that fee is payable in respect of each other process to be executed 8. Executing process if the distance travelled is in accordance with item 6 and is for the purpose of executing process in respect of more than one person in the same locality The fee at item 6 is payable in respect of the first person in relation to whom process is to be executed and half that fee is payable in respect of each other person in relation to whom process is to be executed 9. Poundage in relation to a warrant of execution 5% of the total amount levied on the property taken under the warrant 10. Expenses in relation to executing process including postage, telephone calls, facsimile messages, assistants' travel and auctions (including employing an auctioneer) The amount actually and reasonably paid 11. Arresting a person 135 revenue units 12. Travelling or other expenses of the sheriff or officer of the sheriff and detainee when attending a court in pursuance of a Judge's order The amount actually and reasonably paid 13. Expenses in respect of sheriff's assistants The amount actually and reasonably paid 14. A matter incidental to the performance of the duties of the sheriff or officer of the sheriff not specified in this Schedule 55 revenue units, or an amount in excess of 55 revenue units if it is authorised in writing by an Associate Judge -- 10 of 12 -- ENDNOTES Sheriff Regulations 1967 9 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Sheriff Regulations (SL No. 1, 1967) Notified 15 February 1967 Commenced 15 February 1967 Amendment to the Sheriff Regulations (SL No. 25, 1967) Notified 6 December 1967 Commenced 6 December 1967 Amendments of the Sheriff Regulations (SL No. 8, 1984) Notified 14 March 1984 Commenced 14 March 1984 Amendments of Sheriff Regulations (SL No. 11, 2000) Notified 1 March 2000 Commenced 1 March 2000 Amendment of Sheriff Regulations (SL No. 18, 2001) Notified 14 March 2001 Commenced 14 March 2001 Courts Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 36, 2006) Notified 8 November 2006 Commenced 8 November 2006 Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007) Assent date 17 May 2007 Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3); rem: 17 May 2007 Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009) Notified 14 December 2009 Commenced 1 January 2010 (r 2) -- 11 of 12 -- ENDNOTES Sheriff Regulations 1967 10 Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014) Assent date 4 September 2014 Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2) Statute Law Revision Act 2017 (Act No. 4, 2017) Assent date 10 March 2017 Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3) Supreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017) Assent date 5 September 2017 Commenced 22 November 2017 (Gaz S84, 21 November 2017, p 1) Racing and Wagering Act 2024 (Act No. 8, 2024) Assent date 9 April 2024 Commenced 1 July 2024 (Gaz G13, 20 June 2024, p 1) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by section 11 of the Ordinances Revision Ordinance 1973 (Act No. 87, 1973) (as amended) to the following provisions: rr 5, 7, 11, 16, 17, 18, 19, 21, 22 and sch. 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 9 and 11. 5 LIST OF AMENDMENTS r 2 amd No. 11, 2000, r 5 rep Act No. 18, 2017, s 36 r 3 amd No. 25, 1967, r 1 r 5 amd No. 11, 2000, r 5; Act No. 8, 2024, s 337 r 6 amd No. 11, 2000, r 5; Act No. 7, 2007, s 16 r 7 amd No. 11, 2000, r 5 r 8 amd No. 11, 2000, r 5; Act No. 7, 2007, s 16 r 9 amd Act No. 27, 2014, s 57; Act No. 4, 2017, s 34 r 10 amd No. 11, 2000, r 2; Act No. 7, 2007, s 16; Act No. 18, 2017, s 36 r 12 amd Act No. 18, 2017, s 36 r 16 amd No. 11, 2000, r 5; Act No. 7, 2007, s 16 r 16A ins No. 11, 2000, r 3 r 17 amd No. 8, 1984, r 1; No. 11, 2000, r 5; Act No. 18, 2017, s 36 r 18 amd No. 8, 1984, r 2 r 19 amd Act No. 7, 2007, s 16 r 20 amd No. 11, 2000, r 5; Act No. 7, 2007, s 16 sch sub No. 8, 1984, r 3; No. 11, 2000, r 4 amd No. 18, 2001; No. 36, 2006, r 12; No. 34, 2009, r 10; Act No. 27, 2014, s 57; Act No. 18, 2017, s 36 -- 12 of 12 --