Supreme Court (Chapter III Amendment No. 5) Rules 2001 (Vic)

Supreme Court (Chapter III Amendment No. 5)

Rules 2001

S.R. No. 113/2001

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Will wholly or partly inoperative	1
6.	Application supported by affidavit	1
7.	Amendment of Forms	2

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ENDNOTES 4

i

STATUTORY RULES 2001

S.R. No. 113/2001

Supreme Court Act 1986

Administration and Probate Act 1958

Supreme Court (Chapter III Amendment No. 5)
Rules 2001

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to make minor
changes to the Principal Rules in consequence of
the amendments made to the Administration and
Probate Act 1958 by the Statute Law

Amendment (Relationships) Act 2001.

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 the day on which item 1 of Schedule 1 to the Statute Law Amendment (Relationships) Act 2001 comes into operation.

4. Principal Rules

In these Rules, Chapter III of the Rules of the Supreme Court 1 is called the Principal Rules.

5. Will wholly or partly inoperative

In Rule 2.07 of the Principal Rules, after "next of kin" insert ", or domestic partner if any,".

6. Application supported by affidavit

Supreme Court (Chapter III Amendment No. 5) Rules 2001

S.R. No. 113/2001

After Rule 4.04(2)(b)(iv) of the Principal Rules insert—

"(iva) if the deceased died on or after the

commencement of item 1 of Schedule 1 to
the Statute Law Amendment
(Relationships) Act 2001, whether (having
regard in particular to the matters referred to
in section 275(2) of the Property Law Act
1958) the deceased left a domestic partner
and, if so, the facts and circumstances relied

upon to establish that;".

7. Amendment of Forms

(1) In Form 3–4A of the Principal Rules, after "next of kin,"
insert "domestic partner,".

(2) In Form 3–4B of the Principal Rules, after "widow," insert

"domestic partner,".

Dated: 25 October 2001

J. H. PHILLIPS, C.J.

JOHN WINNEKE, P.

ROBERT BROOKING, J.A.

W. F. ORMISTON, J.A.

JOHN D. PHILLIPS, J.A.

STEPHEN CHARLES, J.A.

F. H. CALLAWAY, J.A.

ALEX CHERNOV, J.A.

BERNARD G. TEAGUE, J.

P. D. CUMMINS, J.

ALLAN W. McDONALD, J.

DAVID ASHLEY, J.

JOHN COLDREY, J.

DAVID BYRNE, J.
D. L. HARPER, J.
G. M. EAMES, J.

Supreme Court (Chapter III Amendment No. 5) Rules 2001

r. 7 S.R. No. 113/2001

ROSEMARY BALMFORD, J.

E. W. GILLARD, J.

M. L. WARREN, J.

TONY PAGONE, J.

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Supreme Court (Chapter III Amendment No. 5) Rules 2001

Endnotes

S. R. No. 113/2001

ENDNOTES

1 Rule 4: S.R. No. 97/1994. Reprint No. 1 as at 13 August 1998.

Further amended by S.R. No. 98/2000.