Supreme Court (Amendment No 428) Rule 2015 (NSW)

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New South Wales

Supreme Court (Amendment No 428) Rule

2015

under the

Supreme Court Act 1970

The Supreme Court Rule Committee has made the following rule of court under the Supreme

Court Act 1970.

Steven Jupp

Secretary of the Rule Committee

Explanatory note

The objects of this Rule are to clarify the documents that must accompany an application for the resealing of a foreign grant and to correct certain terminology.

Supreme Court (Amendment No 428) Rule 2015 [NSW]

Supreme Court (Amendment No 428) Rule 2015

under the

Supreme Court Act 1970

1      Name of Rule

This Rule is the Supreme Court (Amendment No 428) Rule 2015.

2      Commencement

This Rule commences on the day on which it is published on the NSW legislation website.

3 Amendment of Supreme Court Rules 1970

(1) Part 78 Probate and administration

Omit rule 11. Insert instead:

11      Documents to accompany application for resealing of foreign grant

(1) An application for the resealing of a foreign grant must be accompanied

by:

(a) a master set of the documents referred to in subrule (2), and
(b) a copy of each of the documents in the master set, and
(c) a stamped self-addressed A4 envelope.

Note. If preferred, the address on the envelope may be a DX address.

(2) The master set must consist of:
(a) the document to be resealed, being:

(i)      the original grant of probate or administration, or

(ii)      an exemplification or copy of the original grant bearing the original seal of the court in which the grant was made, and

(b) a notice of reseal, and
(c) an inventory of the assets of the estate.
(2) Part 78, rule 81 (4)
Omit “defendant”. Insert instead “respondent”.
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