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

i 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 ═══════════════ ENDNOTES 4 -- 1 of 5 -- 1 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 -- 2 of 5 -- S.R. No. 113/2001 Supreme Court (Chapter III Amendment No. 5) Rules 2001 2 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. -- 3 of 5 -- S.R. No. 113/2001 Supreme Court (Chapter III Amendment No. 5) Rules 2001 3 ROSEMARY BALMFORD, J. E. W. GILLARD, J. M. L. WARREN, J. TONY PAGONE, J. ═══════════════ r. 7 -- 4 of 5 -- S.R. No. 113/2001 Supreme Court (Chapter III Amendment No. 5) Rules 2001 4 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. Endnotes -- 5 of 5 --