Supreme Court Act 1970 Supreme Court Rules (Amendment No 243) 1990 (1990-365) [GG No 80 of 22.6.1990] (NSW)

1990 - No. 365

SUPREME COURT ACT 1970 - RULE

NEW SOUTH WALES

[Published in Gazette No. 80 of 22 June 1990]

SUPREME COURT RULES (AMENDMENT No. 243) 1990

1. These rules are made by the Rule Committee on 18 June 1990.

2. The Supreme Court Rules 1970 are amended as follows:

(a) SCHEDULE D Part 1
Under the matter relating to Act No 11 of 1898 insert:

in column 1:	in column 2:	in column 3:
"Act No 13, 1898;
Wills, Probate and Administration Act 1898:

Section 13..	Gift to
interested
witness.. ....
Section 15A.	Effect of
termination of
marriage.. ....
Section 84..	Application for
legacy, etc ... ....
Section 1 46..	Caveat:
application for
grant to ....
proceed..

(b) SCHEDULE D Part 2

Omit the matter relating to Part 78 and insert instead:

1990 - NO. 365

in column 1:	in column 2:	in column 3:
"Part 78..	Probate..	Under Part 78 rules 34B (gift to witness), 60 (citation), 63, 69 and 70 (caveat)".

3. The Supreme Court Rules 1970 are further amended as follows:

(a)

SCHEDULE F Form 46 your attendance at a place in Sydney and".

(b)

SCHEDULE F Form 46A production by the corporation at a place in Sydney and".

(c)

SCHEDULE F Form 46B your attendance at a place in Sydney and".

(d)

SCHEDULE F Form 47 your attendance at a place in Sydney and".

(e)

SCHEDULE F Form 48 your attendance at a place in Sydney and".

(f) Part 75 rule 2 (1 (h)

(i)         omit "(4) and" and insert instead "(4), (7) and (8) and".

(ii)        omit "(3), (5), (7), (8)" and insert instead "(3) and (5)".

1990 - NO. 365

EXPLANATORY NOTE
(This note does not form part of the rules)

1.     The purposes of the above Amendment are:

(a) to confer on a master certain powers of the Court under the Wills,

Probate and Administration Act 1898 and the rules (paragraph 2);

(b)	to omit from certain prescribed forms of subpoena the restriction to Sydney of the requirement for service within the prescribed time before the date for attendance (paragraph 3 (a)-(e));
(c)	to omit, in relation to criminal proceedings, the requirement for
service of a subpoena within a prescribed time before the date for attendance (paragraph 3 (f));
(d)	to make other provisions of a minor, consequential or ancillary

nature.

B.H. BROWN, Secretary of the Rule Committee.