The Execution of a Warrant of Possession may present certain issues for the Trustee when taking possession of property.
The jurisdiction for obtaining vacant possession and the issue of the Warrant is section 30 and 77(1)(g) of the Bankruptcy Act 1996 (Cth) and the application for the Warrant can be made to the Federal Circuit and Family Court or the Supreme Court. A Notice to Vacate should be served upon the occupiers. The Affidavit in Support will set out all the steps taken by the Trustee to obtain vacant possession.
The Warrant will be issued by the Court upon the expiry of the timeframe requiring vacant possession to be given to the Trustee. A draft Warrant will lie in the Registry and it will be issued once an Affidavit is filed by the Trustee verifying that vacant possession has not been given pursuant to the Court’s orders.
The Warrant will be lodged with the Sheriff’s Office who will have their own notice requirements for vacation of the property. Arrangements need to be made regarding a locksmith to change the locks and other considerations concerning livestock, animals, bulky machinery and uncollected goods. The Trustee needs to be aware of any duties concerning livestock or animals and the requirements of the relevant Council. There may be steps to be adopted in relation to uncollected goods and disposal of those items.
To discuss this further, please contact Catherine Pulverman in our Melbourne office.