County Court (Chapter II Amendment No. 12) Rules 1998 (Vic)

County Court (Chapter II Amendment No. 12)

Rules 1998

S.R. No. 157/1998

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Application for family provision	1
5.	Reference to Master's Associate	2
6.	Procedure after order for plaintiff	2
7.	Amendment to Form 2-8A	2

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NOTES 4

i

STATUTORY RULES 1998

S.R. No. 157/1998

County Court Act 1958

County Court (Chapter II Amendment No. 12)
Rules 1998

A majority of the Judges of the County Court makes the following Rules:

1. Object

The object of these Rules is to make miscellaneous amendments to the Principal Rules.

2. Authorising provisions

These Rules are made under section 78 of the powers.

3. Principal Rules

In these Rules, the County Court Miscellaneous

Rules 19891 are called the Principal Rules.

4. Application for family provision

At the end of Rule 13.03 of the Principal Rules
insert—

"(2) Where the application is in respect of the

estate of a person who died after the
commencement of Part 7 of the Wills Act
1997 the affidavit in support of the
application shall amongst other things state
the acts, facts, matters and circumstances
upon which the plaintiff relies to establish
that the person on whose behalf the
application is made is a person for whom the

County Court (Chapter II Amendment No. 12) Rules 1998

r. 5 S.R. No. 157/1998

deceased had responsibility to make

provision.".

5. Reference to Master's Associate

In Rule 13.10(1) of the Principal Rules for "the Associate or the Master's Secretary" substitute "the Judge's or Master's Associate".

6. Procedure after order for plaintiff

Rule 13.10(4) of the Principal Rules is revoked.

7. Amendment to Form 2-8A

In Form 2-8A to the Principal Rules for "NOTICE
OF APPLICATION" substitute

"IRREVOCABLE GUARANTEE".

Dated: 1 December 1998

County Court (Chapter II Amendment No. 12) Rules 1998

S.R. No. 157/1998 r. 7

G. R. D. WALDRON, Chief Judge	G. D. LEWIS
P. U. RENDIT	E. H. CURTAIN
F. G. DYETT	R. G. WILLIAMS
PAUL R. MULLALY	FRED DAVEY
JOHN K. NIXON	DAVID MORROW
FRANK WALSH	MARGARET RIZKALLA
L. S. OSTROWSKI	T. G. WODAK
G. R. G. CROSSLEY	F. J. SHELTON
T. A. NEESHAM	A. P. DUCKETT
D. A. T. JONES	B. R. DOVE
J. R. HANLON	MARILYN HARBISON
M. C. KIMM	J. M. PANNAM
B. STOTT	TIM WOOD
A. F. SMITH	IAN C. ROBERTSON
J. H. BARNETT	G. R. ANDERSON
JOHN DEE

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County Court (Chapter II Amendment No. 12) Rules 1998

Notes S.R. No. 157/1998

NOTES

1 Rule 3: S.R. No. 181/1989. Reprinted to S.R. No. 37/1998.