Supreme Court (Chapter III Amendment No. 2) Rules 1997 (Vic)
Supreme Court (Chapter III Amendment No. 2)
Rules 1997
S.R. No. 99/1997
TABLE OF PROVISIONS
Rule Page
1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Amendment of Rule 4.04 1 6. Amendment of Rule 6.03 2 7. Amendment of Rule 7.02—Form of guarantee 2 8. Amendment of Rule 7.03 2 9. Amendment to Form 3–4B 2 10. New Form 3–6AA inserted 2 FORM 3–6AA 2 11. New Form 3–7A and Form 3–7B inserted 4 FORM 3–7A 4 12. Amendment to Form 3–8A 6
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STATUTORY RULES 1997
S.R. No. 99/1997
Supreme Court Act 1986
Supreme Court (Chapter III Amendment No. 2)
Rules 1997
The Judges of the Supreme Court make 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 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 31 October
1997.
4. Principal Rules
In these Rules, the Administration and Probate
Rules 19941 are called the Principal Rules.
5. Amendment of Rule 4.04
After Rule 4.04(2)(b)(viii) of the Principal Rules
insert—"(ix) that no other application has been made by
the applicant for a grant of probate or
administration in respect of the estate of the
deceased person or details of each such other
application and its result;".
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6. Amendment of Rule 6.03
In Rule 6.03(1) of the Principal Rules after
"account" insert "in Form 3–6AA".
7. Amendment of Rule 7.02—Form of guarantee
In Rule 7.02 of the Principal Rules for "such form" insert "Form 3–7A".
8. Amendment of Rule 7.03
In Rule 7.03(1) of the Principal Rules after
"affidavit" insert "in Form 3–7B".
9. Amendment to Form 3–4B
In Form 3–4B to the Principal Rules for "next of kin," substitute "widow, son,".
10. New Form 3–6AA inserted
After Form 3–4B to the Principal Rules insert—
"FORM 3–6AA
Rule 6.03(1)
ADMINISTRATION ACCOUNT
[heading in accordance with Form 3–1A or 3–1B (as is appropriate)]
THE ACCOUNT of the administration of the estate of the above-named deceased by the Executor [or Administrator] to the [insert date], filed pursuant to Rule 6.03(1).
Supreme Court (Chapter III Amendment No. 2) Rules 1997
S.R. No. 99/1997 r. 10
PART A
CORPUS ACCOUNT
Number of Date Particulars $. c. item Receipts
Total .. $
Disbursements
$. c.
Balance ..
Totals .. $
PART B
INCOME ACCOUNT
[Set out Receipts, Disbursements and Balance as in Part A.]
_____
PART C
PORTION OF ESTATE DISTRIBUTED IN SPECIE
[Set out briefly, with particulars of value.]
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PART D
PORTION OF ESTATE RETAINED OR REMAINING
UNCOLLECTED
[Set out briefly, with particulars of value.]
PART E
STATEMENT OF MONEYS AND SECURITIES HELD BY THE
EXECUTOR [or ADMINISTRATOR]
[Set out particulars of moneys now in hand and investments made
since date of death.]
Dated .
Signature of Executor [Administrator].".
11. New Form 3–7A and Form 3–7B inserted
After Form 3–6B to the Principal Rules insert—
'FORM 3–7A
Rule 7.02
SURETY'S GUARANTEE
[heading in accordance with Form 3–1A or 3–1B (as is appropriate)]
WHEREAS late of
died on day of 19
AND WHEREAS of
("the administrator") is the intended administrator of his estate.
NOW THEREFORE
1. I*, of
hereby guarantee that I will when lawfully required to do so make good any
loss which any person interested in the administration of the estate of the
deceased may suffer in consequence of the breach by the administrator of hisduty—
(a)
well and truly to collect and administer the estate of the deceased according to law and, if so required by the Court, deliver up the grant to the Court;
Supreme Court (Chapter III Amendment No. 2) Rules 1997
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(b) if the Court or the Registrar requires, to make and file or cause to be made and filed a true and just account of the administration of the estate.
2. The giving of time to the administrator or any other forbearance or indulgence shall not in any way affect my liability under this guarantee.
3. The liability under this guarantee shall be continuing and shall be for the whole amount of the loss mentioned in paragraph 1 but my total liability shall not in any event exceed the sum of $ .
DATED:
SIGNED SEALED AND DELIVERED
by the abovenamed
in the presence of[THE COMMON SEAL of was hereunto affixed in the presence of ]
*If made by more than one, this guarantee should be made jointly and
severally
——
FORM 3–7B
Rule 7.03
AFFIDAVIT OF JUSTIFICATION
[heading in accordance with Form 3–1A or 3–1B (as is appropriate)]
I, of in Victoria,
[occupation] make oath and say that—
1. I am over 18 years of age and under no legal disability.2. After payment of all my debts and liabilities I am well and truly worth in real and personal property [or as the case may be] not less than the sum of $*
3. Particulars of my property and the values thereof are as follows:
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[NOTE—In setting out the property realty must be distinguished from
personalty, and a separate gross value for each particular parcel or itemthereof must be stated.
(a) When realty, the allotment, parish, street, etc. the area of land, whether there are buildings on the land, should be stated with sufficient accuracy to identify the land. (b) When personalty, the following particulars should be given, for example—
(1) Description of lease and number of years to run. (2) Number of shares in bank, building society, trading company
etc.(3) Money on deposit or current account, giving name and
address of bank, society etc.(4) Money lent on mortgage and registered number of same. (5) Household furniture and where kept. (6) Stock in trade of a business and premises wherein kept. (7) Farming implements, &c, where kept, and grain, quantity and
where stored.(8) Policy of life insurance, number of years in force with
surrender value, and age of the life assured at time of making
this affidavit.(9) Live stock, number and kind and where depastured or kept. (10) Good book debts only. Cash in hand and depreciating assets such as furniture and motor vehicles are generally not accepted nor are persons who can only justify to life insurance or superannuation policies.]
4. That I am not surety in any other matter [or if a surety in any other matter state in what matter and to what amount].
Sworn etc.
*The gross value at which property of deceased was sworn'.
12. Amendment to Form 3–8A
In Form 3–8A to the Principal Rules—
Supreme Court (Chapter III Amendment No. 2) Rules 1997
S.R. No. 99/1997
(a) after "to the abovenamed caveator" insert are given below";
(b) after "are given below." insert— "Particulars of the deceased
Surname:
Given names:
In the Will called:
Last residential address:
Last known occupation:
Date and place of birth:
Date and place of death:Particulars of caveator
Surname:
Given Names:
Occupation:
Residential address:
Relationship to deceased:".
Dated: 25 September 1997
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.
F. H. CALLAWAY, J.A.
J. M. BATT, J.A.
SUSAN KENNY, J.A.
G. HAMPEL, J.
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BERNARD G. TEAGUE, J. ALLAN W. McDONALD, J. T. H. SMITH, J.
DAVID ASHLEY, J.
JOHN J. HEDIGAN, J.
DAVID BYRNE, J.
G. M. EAMES, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.ROSEMARY BALMFORD, J.
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Supreme Court (Chapter III Amendment No. 2) Rules 1997
S.R. No. 99/1997 Notes
NOTES
1 S.R. No. 97/1994 as amended by S.R. No. 140/1996.
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