TRANSFER OF LAND ACT 1958 - SECT 52 Sale under writ of fieri facias or decree of Supreme Court etc.

TRANSFER OF LAND ACT 1958 - SECT 52

S. 52(1) amended by No. 85/1998 s. 9.

    (1)     Save as in this Division or Division 3 of Part II provided no execution or lis pendens shall bind or affect any land under the operation of this Act ^[2] .

S. 52(2) amended by Nos 6544 s. 4, 110/1986 s. 140(2), 18/1989 s. 12(Sch. 1 item 82), 35/1996 s. 453(Sch. 1 item 83.8), 75/2006 s. 192(Sch. 2 item 6.3) (as amended by No. 17/2007 s. 33), substituted by No. 80/2009 s. 30.

    (2)     The Registrar, on being served with a copy of any judgment, decree, order or process of execution of a court that identifies a folio or folios of the Register that are affected by the judgment, decree, order or process of execution, must record notice of the receipt of the judgement, decree, order or process of execution.

S. 52(3) amended by Nos 9976 s. 11, 110/1986 s. 140(2), 17/2022 s. 112.

    (3)     After any land so specified has been sold under any such judgment decree order or process the Registrar shall, on lodgment of a transfer thereof in an appropriate approved form, register such transfer if lodged within the period of 6 months from the day on which the copy of such judgment decree order or process was served on the Registrar, in which case no other instrument dealing with the land lodged with the Registrar after the time of service of the copy and before the lodging of the transfer shall be registered or be deemed to have been lodged for registration.

S. 52(4) amended by Nos 110/1986 s. 140(2), 18/1989 s. 12(Sch. 1 item 83).

    (4)     On registration of such transfer the purchaser shall become the transferee and be the proprietor of the land in all respects as if the transfer were a transfer for valuable consideration to the purchaser by the registered proprietor, but until a recording of the service of the copy has been made in the Register as aforesaid no sale under the judgment, decree, order or process shall be made by the sheriff or other officer.

S. 52(5) amended by Nos 110/1986 s. 140(2), 17/2022 s. 112.

    (5)     Unless a transfer on sale under such judgment decree order or process is lodged with the Registrar within the period of 6 months from the day on which the copy of such judgment decree order or process was served on the Registrar such judgment decree order or process shall cease to bind or affect the land.

S. 52(6) amended by Nos 110/1986 s. 140(2), 18/1989 s. 12(Sch. 1 item 84).

    (6)     Upon production to the Registrar of sufficient evidence of the satisfaction of any judgment decree order or process a copy whereof has been served as aforesaid he shall make a recording in the Register to that effect, whereupon such judgment decree order or process shall cease to bind or affect the land.

S. 52(6A) inserted by No. 42/2017 s. 23.

    (6A)     A judgment creditor may apply to the Registrar in the appropriate approved form to remove a notice of the receipt of the judgment, decree, order or process of execution of a court recorded on the relevant folio of the Register under subsection (2).

S. 52(6B) inserted by No. 42/2017 s. 23.

    (6B)     On receiving an application by a judgment creditor under subsection (6A), the Registrar may amend the Register to remove the notice of the relevant receipt of the judgment, decree, order or process of execution of a court recorded on the relevant folio of the Register.

    (7)     This section shall with such adaptations as are necessary extend and apply to—

S. 52(7)(a) amended by No. 57/1989 s. 3(Sch. item 201.2).

        (a)     writs of fieri facias issued out of the High Court of Australia and decrees and orders of that Court and officers thereof.

S. 52(7)(b) repealed by No. 9324 s. 3(e).

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Division 4—Acquisition by statute, order of Court etc.

No. 5842 s. 53.