Supreme Court (Chapter III Amendment No. 1) Rules 1996 (Vic)

Supreme Court (Chapter III Amendment No. 1)

Rules 1996

S.R. No. 140/1996

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Amendment of Rule 1.07	1
6.	New Order 11 inserted	2
ORDER 11—REVOCATION	2

11.	01 Application of Order	2
11.	02 Process	2

7.	Amendment to Forms 3-1A and 3-1B	2
8.	Amendment to Form 3-2A	2
9.	Amendment to Form 3-3A	2
10.	Amendment to Form 3-4A	3
11.	Amendment to Forms 3-10A, 3-10D and 3-10E	3

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NOTES 5

i

STATUTORY RULES 1996

S.R. No. 140/1996

Supreme Court Act 1986

Supreme Court (Chapter III Amendment No. 1)

Rules 1996

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to prescribe a procedure for applications for the revocation of a grant of probate or letters of administration and to make miscellaneous amendments to the Principal Rules.

2. Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, the Administration and Probate Act 1958 and all other enabling powers.

3. Commencement

These Rules come into operation on 3 February

1997.

4. Principal Rules

In these Rules, the Administration and Probate

Rules 19941 are called the Principal Rules.

5. Amendment of Rule 1.07

In Rule 1.07 of the Principal Rules for "whichever is appropriate" substitute "unless circumstances otherwise require".

Supreme Court (Chapter III Amendment No. 1) Rules 1996

r. 6 S.R. No. 140/1996

6. New Order 11 inserted

After Order 10 of the Principal Rules insert—

"ORDER 11—REVOCATION

11.01 Application of Order

This Order applies to an application for revocation of a grant of representation.

11.02 Process

An application for revocation shall be made by summons in the proceeding in which the grant was made.".

7. Amendment to Forms 3-1A and 3-1B

In each of Forms 3-1A and 3-1B to the Principal

Rules—

(a) substitute—

for "In the matter of [full name] deceased" Estate/*Estate of [name of deceased] deceased"; and

(b) at the foot of the form insert "*delete if inapplicable".

8. Amendment to Form 3-2A

In Form 3-2A to the Principal Rules for "[heading as in Form 3-1A]" substitute "[heading in accordance with Form 3-1A and Rule 2.02(b)]".

9. Amendment to Form 3-3A

In Form 3-3A to the Principal Rules for "[heading
as in Form 3-1A]" substitute "[heading in
accordance with Form 3-1A and Rule
3.02(1)(b)]".

Supreme Court (Chapter III Amendment No. 1) Rules 1996

S.R. No. 140/1996 r. 10

10. Amendment to Form 3-4A

In Form 3-4A to the Principal Rules for "[heading as in Form 3-1A]" substitute "[heading in accordance with Form 3-1A and Rule 4.02(b)]".

11. Amendment to Forms 3-10A, 3-10D and 3-10E

In each of Forms 3-10A, 3-10D and 3-10E to the

Principal Rules—

(a) substitute—

for "In the matter of [full name] deceased" Estate/*Estate of [name of deceased] deceased"; and

(b) at the foot of the form insert "*delete if inapplicable".

Dated: 28 November 1996

J. H. PHILLIPS, C.J.
JOHN WINNEKE, P.
ROBERT BROOKING, J.A.
R. C. TADGELL, J.A.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
K. M. HAYNE, J.A.
STEPHEN CHARLES, J.A.
F. H. CALLAWAY, J.A.
G. HAMPEL, J.
H. NATHAN, J.
BERNARD G. TEAGUE, J.
ALLAN W. McDONALD, J.

Supreme Court (Chapter III Amendment No. 1) Rules 1996

r. 11 S.R. No. 140/1996

T. H. SMITH, J.
JOHN J. HEDIGAN, J.
DAVID BYRNE, J.
D. L. HARPER, J.
G. M. EAMES, J.
J. M. BATT, J.
H. R. HANSEN, J.

ROSEMARY BALMFORD, J.

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Supreme Court (Chapter III Amendment No. 1) Rules 1996

S.R. No. 140/1996 Notes

NOTES

1 S.R. No. 97/1994.