Untitled document

Supreme Court (Chapter III Amendment No. 8) Rules 2004

S.R. No. 32/2004

TABLE OF PROVISIONS

Rule  Page

1.Object

2.Authorising provisions

3.Principal Rules

4.Application supported by affidavit

5.Application upon intestacy

6.New Rule 7.01

7.01.When required

═══════════════

ENDNOTES

STATUTORY RULES 2004

S.R. No. 32/2004

Supreme Court Act 1986
Administration and Probate Act 1958

Supreme Court (Chapter III Amendment No. 8) Rules 2004

The Judges of the Supreme Court make the following Rules:

1.Object

The object of these Rules is to amend the Principal Rules—

(a)in relation to affidavits supporting applications for grant of representation; and

(b)to give further powers to the Court and the Registrar.

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.Principal Rules

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

4.Application supported by affidavit

For Rule 2.04(3) of the Principal Rules substitute—

"(3)An applicant may comply with paragraph (2)(d)(ii) by exhibiting to the affidavit a photocopy of a certified copy of the death registration or its equivalent.

(3A)A photocopy exhibited under paragraph (3) shall be certified as a true copy by the person before whom the affidavit is sworn.".

5.Application upon intestacy

For Rule 4.04(3) of the Principal Rules substitute—

"(3)An applicant may comply with paragraph (2)(d)(i) by exhibiting to the affidavit a photocopy of a certified copy of the death registration or its equivalent.

(3A)A photocopy exhibited under paragraph (3) shall be certified as a true copy by the person before whom the affidavit is sworn.".

6.New Rule 7.01 

For Rule 7.01 of the Principal Rules substitute—

"7.01.When required

(1)The power under this Rule may be exercised if application is made for a grant of administration—

(a)to a creditor of the deceased or the legal personal representative of a creditor applying in that capacity;

(b)to a person having no immediate beneficial interest in the estate of the deceased;

(c)to an attorney of a person entitled to a grant of administration;

(d)to the use and benefit of a minor or of some person incapable of managing his own affairs;

(e)to any person who appears to the Court or the Registrar to be resident outside the State of Victoria;

(f)to collect and preserve the assets of the deceased (being a grant formerly described as a grant ad colligenda bona);

(g)to bring or defend a proceeding (being a grant formerly described as a grant ad litem);

(h)under section 20, 22 or 24 of the Act; or

(i)in any other case where the Court or the Registrar considers that there are special circumstances making it desirable to act under paragraph (2).

(2)The Court or the Registrar may require—

(a)a guarantee under section 57 of the Act;

(b)that the application be made jointly by two or more persons; or

(c)that the application be made by a trustee company authorised under section 6 or 7 of the Trustee Companies Act 1984 to carry on business as a trustee company.".

Dated:    29 April 2004

M. L. WARREN, C.J.

JOHN WINNEKE, P.

W. F. ORMISTON, J.A.

JOHN D. PHILLIPS, J.A.

F. H. CALLAWAY, J.A.

J. M. BATT, J.A.

ALEX CHERNOV, J.A.

F. H. R. VINCENT, J.A.

P. D. CUMMINS, J.

DAVID ASHLEY, J.

JOHN COLDREY, J.

DAVID BYRNE, J.

D. L. HARPER, J.

H. R. HANSEN, J.

PHILIP MANDIE, J.

BERNARD D. BONGIORNO, J.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

JULIE DODDS-STREETON, J.

R. F. REDLICH, J.

K. WILLIAMS, J.

STUART MORRIS, J.

STEPHEN KAYE, J.

SIMON P. WHELAN, J.

═══════════════

ENDNOTES

[1] Rule 3: S.R. No. 97/1994.  Reprint No. 2 as at 20 March 2003.  Reprinted to S.R. No. 38/2002.