QLD Gold Coast City Council Rates Payment Issue - Injunction to Stop Property Sale?

[Elana41]

Hi. How do I lodge an injunction to stop the Gold Coast City Council auctioning my property from non payment of council rates? The payments have been made since February however it needs to be a nil balance and I am out of time also they keep adding legal fees on the balance.

How do I stop the auction from proceeding?

 

[Worldly1]

Hi Elana41

Which council is it, and which State are you located in?

 

[Elana41]

Please let me know how to lodge an injunction to stop the council auctioning my property from non payment of rates? The payments have been made since February however it needs to be a nil balance and I am out of time also they keep adding legal fees on the balance. How do I stop the auction from proceeding?

Hi Elana41

Which council is it, and which State are you located in?

It is the Gold Coast City Council in QLD and I am in NSW. Despite my consistent payments since 10th February of $550 per week, they are very persistent in still auctioning the property with a balance of $4000 and claim they can not stop it from going ahead now its all too late. I have downloaded a form 41 interim order or injunction however not sure if I can lodge this at the courts in NSW and how long this will take as the auction is early June.????

 

[John R]

Hi Elana41,
If the property is in Queensland and assuming that it is under Gold Coast City Council's local government authority and/or covered by the Land Titles Act 1994 (Qld), any legal action should generally be taken in Queensland.

Under section 140(1)(c)(i) of the Local Government Regulation 2012 (Qld), the Gold Coast City Council is generally restricted from selling land for overdue rates or charges unless some or all of the rates or charges have been overdue for 3 years.

Under section 142 of the Local Government Regulation 2012 (Qld), the Gold Coast City Council can sell property at public auction unless the following amounts are paid in full before the public auction:

• all overdue rates and associated charges are paid; and
• any costs incurred in the sale procedures (e.g. legal fees, advertisement of the public auction, etc.) are also paid.

Because the next public auction is 48 hours from now (Tuesday, 27 May 2014 at 10:30am), you should consider immediately engaging a Gold Coast property lawyer to facilitate your negotiations with the Gold Coast City Council and/or paying the total amount owing in full to prevent sale.

Please keep us updated with your progress. Good luck!

 

[Elana41]

Thank you for your reply, much appreciated. I will keep you updated.

 

[jevananurag]

If we face these problems frequently then we must approach the professional lawyers and follow their solutions. It is the best and quick solution regarding these kind of property related issues.