Supreme Court (Chapter III Emergency Measures Amendment) Rules 2020 (Vic)

Supreme Court (Chapter III Emergency Measures Amendment) Rules 2020

S.R. No. 89/2020

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5New Rule 1.11

6Application of Order 1A

7New Rule 1A.05

8Original will or other document to be filed in the office of the Registrar

9Application supported by affidavit

10Original will or other document to be filed in the office of the Registrar

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Endnotes

STATUTORY RULES 2020

S.R. No. 89/2020

Supreme Court Act 1986
Administration and Probate Act 1958

Supreme Court (Chapter III Emergency Measures Amendment) Rules 2020

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter III of the Rules of the Supreme Court to provide for extension and abridgement of time, including during emergency periods under the Public Health and Wellbeing Act 2008 by—

(a)extending periods for filing original wills or other documents; and

(b)providing that a copy of a will may be exhibited to an affidavit in support of an application for a grant of representation.

2Authorising 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.

3Commencement

These Rules come into operation on 28 August 2020.

4Principal Rules

In these Rules, the Supreme Court (Administration and Probate) Rules 2014[1] are called the Principal Rules.

5New Rule 1.11

After Rule 1.10 of the Principal Rules insert—

"1.11   Extension and abridgement

(1)The Court or the Registrar may extend or abridge any time fixed by or under these Rules.

(2)This Rule does not apply to Rule 8.03.".

6Application of Order 1A

In Rule 1A.01(1)(a) of the Principal Rules, before "an original" insert "subject to Rule 1A.05,".

7New Rule 1A.05

After Rule 1A.04 of the Principal Rules insert—

"1A.05   Temporary extension of time limits for filing original documents

(1)This Rule applies to any application under Order 2 or 3 submitted in RedCrest-Probate for filing in accordance with Order 1A on or after 5 August 2020 in relation to which—

(a)an original will or other document for which a grant of representation is sought is required to be filed in the office of the Registrar under Rule 2.02.1 or Rule 3.03; or

(b)an affidavit in support is required under Rule 2.04 or Rule 3.02(1)(c).

(2)Notwithstanding any time limit specified in Rule 2.02.1 or Rule 3.03 to the contrary, it is sufficient compliance with the applicable Rule if the original will or other document for which the grant of representation is sought is filed in the office of the Registrar by the later of—

(a)60 days after the application is submitted for filing in RedCrest-Probate; or

(b)such other period for filing as is specified by the Chief Justice by notice to the profession referred to in paragraph (4).

(3)Notwithstanding anything to the contrary in Rule 2.04(2)(d)(i), it is sufficient compliance for the purposes of Rule 2.04 or Rule 3.02(1)(c) if the affidavit in support of an application exhibits a copy of the will rather than the original will if this is specified by the Chief Justice by notice to the profession referred to in paragraph (4).

(4)For the purposes of this Rule and having regard to any relevant directions made by an authorised officer under Part 10 of the Public Health and Wellbeing Act 2008 in relation to the COVID-19 pandemic, the Chief Justice, by notice to the profession published on the Court's website, may do all or any of the following—

(a)specify a period for the filing of the original will or other document in the office of the Registrar under Rule 2.02.1 or Rule 3.03;

(b)specify that an affidavit in support of an application under Order 2 or 3 may exhibit a copy of the will rather than the original will.

(5)Unless this Rule is sooner revoked, it ceases to have effect on a date specified as the cessation date by the Chief Justice by notice to the profession.".

8Original will or other document to be filed in the office of the Registrar

In Note 1 at the foot of Rule 2.02.1 of the Principal Rules, for "Rule 2.04(2)(d)(i) requiring the original will" substitute "Except where Rule 1A.05(3) applies, Rule 2.04(2)(d)(i) requiring the original will or other document".

9Application supported by affidavit

In Rule 2.04(2)(d)(i) of the Principal Rules, for "will" substitute "original will or other document".

10Original will or other document to be filed in the office of the Registrar

In Note 1 at the foot of Rule 3.03 of the Principal Rules, for "Rule 2.04(2)(d)(i) requiring the original will" substitute "Except where Rule 1A.05(3) applies, Rule 2.04(2)(d)(i) requiring the original will or other document".

Dated:   27 August 2020

ANNE FERGUSON, C.J.

CHRISTOPHER MAXWELL, P.

PAMELA TATE, J.A.

DAVID F. R. BEACH, J.A.

EMILIOS KYROU, J.A.

S. G. E. McLEISH, J.A.

R. NIALL, J.A.

KIM HARGRAVE, J.A.

TERRY FORREST, J.A.

KARIN EMERTON, J.A.

M. L. SIFRIS, J.A.

ELIZABETH HOLLINGWORTH, J.

ANTHONY CAVANOUGH, J.

PETER ALMOND, J.

JOHN R. DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

G. J. DIGBY, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

MICHAEL McDONALD, J.

RITA INCERTI, J.

P. J. RIORDAN, J.

JANE A. DIXON, J.

A. J. KEOGH, J.

MICHELLE QUIGLEY, J.

M. N. CONNOCK, J

MELINDA RICHARDS, J

KEVIN J. A. LYONS, J.

S. J. MOORE, J.

ANDREW J. TINNEY, J.

JACINTA FORBES, J.

L. M. NICHOLS, J.

JIM DELANY, J.

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Endnotes

[1] Rule 4: S.R. No. 10/2014 as amended by S.R. Nos 208/2014, 19/2019 and 124/2019.