Supreme Court Rules (Amendment No 422) 2013 (NSW)

2013 No 146

New South Wales

Supreme Court Rules (Amendment

No 422) 2013

under the

Supreme Court Act 1970

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

Supreme Court Act 1970.

Steven Jupp

Secretary of the Rule Committee

Explanatory note
The object of these Rules is to amend the Supreme Court Rules 1970:

(a)	to correct the date after which certain rules apply in respect of affidavits in support of applications for a grant of administration made by a person claiming to have been in a domestic partnership with a deceased person, and
(b)	to clarify that a notice of proceedings is to be issued directly and not requested to be issued by a party in the proceedings, and
(c)	to extend the publication requirements in rule 93 of Part 78 to a notice of intention to distribute assets of a deceased person under the Succession Act 2006 or the Trustee Act 1925, and
(d)	to insert a note that indicates the approved form for use in the publication of a notice of intended distribution under the Probate and Administration Act 1898, the Succession Act 2006 or the Trustee Act 1925.
Published LW 12 April 2013	Page 1
2013 No 146
Rule 1	Supreme Court Rules (Amendment No 422) 2013

Supreme Court Rules (Amendment No 422) 2013

under the

Supreme Court Act 1970

1      Name of Rules

These Rules are the Supreme Court Rules (Amendment No 422) 2013.

2      Commencement

These Rules commence on the day on which they are published on the
NSW legislation website.

3 Amendment of Supreme Court Rules 1970

(1) Part 78, rule 22 Affidavit in support of application for administration—
domestic partnerships

Omit “1 March 2012” from rule 22 (1).

Insert instead “1 March 2010”.

(2)	Part 78, rule 59 Proof of service of notice of proceedings
Omit “A party at whose request a notice of proceedings has been issued” from rule 59.
Insert instead “A party who has issued a notice of proceedings”.
(3)	Part 78, rule 93 Form of notice of intended distribution
Insert “, section 93 of the Succession Act 2006 or section 60 of the Trustee Act 1925” after “Probate and Administration Act 1898”.
(4)	Part 78, rule 93
Insert at the end of the rule:

Note. The form currently approved under section 17 of the Civil Procedure Act 2005 for a notice of intended distribution is Form 114 of the forms approved under that section.