Untitled document

Supreme Court (Chapter III Amendment No. 2) Rules 2013

S.R. No. 111/2013

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Reference by Judge of the Court to Associate Judge

6New Rules 5.04 and 5.05

5.04Advertisement of intention to apply for seal of Court
on foreign grant

5.05Transitional

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 111/2013

Supreme Court Act 1986
Administration and Probate Act 1958

Supreme Court (Chapter III Amendment No. 2) Rules 2013

The Judges of the Supreme Court make the following Rules:

1Object

The main object of these Rules is to amend Chapter III of the Rules of the Supreme Court to provide for the advertising on the Supreme Court's website of intention to apply for the seal of the Court to be affixed to a foreign grant.

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 26 October 2013.

4Principal Rules

In these Rules, the Supreme Court (Administration and Probate) Rules 2004[1] are called the Principal Rules.

5Reference by Judge of the Court to Associate Judge

In Rule 1.06.1(3) of the Principal Rules for "has," substitute "has".

6New Rules 5.04 and 5.05

After Rule 5.03 of the Principal Rules insert—

"5.04   Advertisement of intention to apply for seal of Court on foreign grant

(1)An advertisement under section 83 of the Act of intention to apply for the seal of the Court to be affixed to any probate, letters of administration, grant or order shall be made by duly posting the advertisement on the Court's website.

(2)The advertisement shall include—

(a)the name and address of the deceased;

(b)in the case of a will—

(i)the date of the will of the deceased; and

(ii)the names of the persons identified in the will as the executors of the will;

(c)in the case of an intestacy—

(i)the name of any person appointed by the letters of administration, grant or order to administer the estate of the deceased upon intestacy; and

(ii)the relationship of the person referred to in subparagraph (i) to the deceased;

(d)the name, address and the e-mail address of—

(i)the applicant; or

(ii)if the application is to be made on the applicant's behalf by another person (such as a person authorized by power of attorney or a legal practitioner), that person;

(e)the date of the probate, letters of administration, grant or order the subject of the application, and the name of the court from which the probate, letters of administration, grant or order the subject of the application was obtained;

(f)a statement that 14 days after posting the advertisement on the Court's website, the applicant intends to apply for the seal of the Court to be affixed to the probate, letters of administration, grant or order the subject of the application.

(3)If the Registrar is not satisfied that the advertisement is sufficient advertisement of the applicant's intention, the Registrar may require a further advertisement to be posted, as the Registrar may direct.

5.05Transitional

An advertisement published before the commencement of Part 2 of the Justice Legislation Amendment Act 2013 in accordance with section 83 of the Administration and Probate Act 1958 as in force at the time of that publication is taken to be an advertisement under Rule 5.04.".

Dated:    29 August 2013

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

MARCIA NEAVE, J.A.

MARK WEINBERG, J.A.

PAMELA TATE, J.A.

R. S. OSBORN, J.A.

PHILLIP PRIEST, J.A.

PAUL COGHLAN, J.A.

J. G. SANTAMARIA, J.A.

K. WILLIAMS, J.

ELIZABETH HOLLINGWORTH, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

ROSS ROBSON, J.

JACK FORREST, J.

PETER VICKERY, J.

EMILIOS KYROU, J.

DAVID F. R. BEACH, J.

TERRY FORREST, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

ANNE FERGUSON, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

GREG GARDE, J.

JAMES D. ELLIOT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

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ENDNOTES

[1] Rule 4: S.R. No. 54/2004.  Reprint No. 1 as at 28 February 2011.  Reprinted to S.R. No. 44/2009.  Subsequently amended by S.R. No. 48/2013.