Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 47E

Enforcement of the charge

47E. Enforcement of the charge





(1) For the purpose of enforcing a charge to which section 47A(2) applies, VLA
may sell the land charged.

(2) If VLA intends to enforce the charge by selling the land it must serve
notice of its intention to sell the land on the assisted person.

(3) The notice-

   (a)  must be in writing; and

   (b)  must be served not less than 1 month before the intended sale; and

   (c)  must state-

   (i)  the amount owing at the date of the notice; and

   (ii) that the sale will not proceed if payment is made within 1 month of
        the service of the notice; and

   (iii) the address at which payment may be made.

(3A) If the land to be sold is not under the Transfer of Land Act 1958, it
must be brought under that Act before it is sold.



(4) Section 77 of the Transfer of Land Act 1958 applies to the sale as if-

   (a)  the charge were a registered mortgage; and

   (b)  VLA were a mortgagee under such a mortgage; and



   (c)  the registered proprietor of the land were a mortgagor under such a
        mortgage; and

   (d)  the requirement relating to the giving of notice were deleted; and

   (e)  after subsection (3)(a) there were inserted-



"(aa) Secondly, in the case of a charge under section 47A of the Legal Aid Act
1978, in paying the money owing in respect of mortgages or charges ranking
higher in priority than the charge, in order of their respective priorities";

   (f)  in subsection (3), references to 'secondly', 'thirdly' and 'fourthly'
        were references to 'thirdly', 'fourthly' and 'fifthly' respectively.



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(7) For the purpose of enforcing a charge or registering an instrument
connected with an enforcement of a charge-

   (a)  the Registrar of Titles may cancel the folio of the Register for the
        land charged and create a new folio;

   (b)  VLA may require a person holding a document that is part of the chain
        of title for land not under the Transfer of Land Act 1958 to produce
        it to VLA.