Supreme Court (Chapter III Amendment No. 2) Rules 1997

i Supreme Court (Chapter III Amendment No. 2) Rules 1997 S.R. No. 99/1997 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Amendment of Rule 4.04 1 6. Amendment of Rule 6.03 2 7. Amendment of Rule 7.02—Form of guarantee 2 8. Amendment of Rule 7.03 2 9. Amendment to Form 3–4B 2 10. New Form 3–6AA inserted 2 FORM 3–6AA 2 11. New Form 3–7A and Form 3–7B inserted 4 FORM 3–7A 4 12. Amendment to Form 3–8A 6 ═══════════════ NOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 1997 S.R. No. 99/1997 Supreme Court Act 1986 Supreme Court (Chapter III Amendment No. 2) Rules 1997 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to make miscellaneous amendments to the Principal Rules. 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 31 October 1997. 4. Principal Rules In these Rules, the Administration and Probate Rules 19941 are called the Principal Rules. 5. Amendment of Rule 4.04 After Rule 4.04(2)(b)(viii) of the Principal Rules insert— "(ix) that no other application has been made by the applicant for a grant of probate or administration in respect of the estate of the deceased person or details of each such other application and its result;". -- 2 of 10 -- S.R. No. 99/1997 Supreme Court (Chapter III Amendment No. 2) Rules 1997 2 6. Amendment of Rule 6.03 In Rule 6.03(1) of the Principal Rules after "account" insert "in Form 3–6AA". 7. Amendment of Rule 7.02—Form of guarantee In Rule 7.02 of the Principal Rules for "such form" insert "Form 3–7A". 8. Amendment of Rule 7.03 In Rule 7.03(1) of the Principal Rules after "affidavit" insert "in Form 3–7B". 9. Amendment to Form 3–4B In Form 3–4B to the Principal Rules for "next of kin," substitute "widow, son,". 10. New Form 3–6AA inserted After Form 3–4B to the Principal Rules insert— "FORM 3–6AA Rule 6.03(1) ADMINISTRATION ACCOUNT [heading in accordance with Form 3–1A or 3–1B (as is appropriate)] THE ACCOUNT of the administration of the estate of the above-named deceased by the Executor [or Administrator] to the [insert date], filed pursuant to Rule 6.03(1). r. 6 -- 3 of 10 -- S.R. No. 99/1997 Supreme Court (Chapter III Amendment No. 2) Rules 1997 3 PART A CORPUS ACCOUNT Number of item Date Particulars $. c. Receipts Total .. $ Disbursements Balance .. $. c. Totals .. $ PART B INCOME ACCOUNT [Set out Receipts, Disbursements and Balance as in Part A.] _____ PART C PORTION OF ESTATE DISTRIBUTED IN SPECIE [Set out briefly, with particulars of value.] r. 10 -- 4 of 10 -- S.R. No. 99/1997 Supreme Court (Chapter III Amendment No. 2) Rules 1997 4 PART D PORTION OF ESTATE RETAINED OR REMAINING UNCOLLECTED [Set out briefly, with particulars of value.] PART E STATEMENT OF MONEYS AND SECURITIES HELD BY THE EXECUTOR [or ADMINISTRATOR] [Set out particulars of moneys now in hand and investments made since date of death.] Dated . Signature of Executor [Administrator].". 11. New Form 3–7A and Form 3–7B inserted After Form 3–6B to the Principal Rules insert— 'FORM 3–7A Rule 7.02 SURETY'S GUARANTEE [heading in accordance with Form 3–1A or 3–1B (as is appropriate)] WHEREAS late of died on day of 19 AND WHEREAS of ("the administrator") is the intended administrator of his estate. NOW THEREFORE 1. I*, of hereby guarantee that I will when lawfully required to do so make good any loss which any person interested in the administration of the estate of the deceased may suffer in consequence of the breach by the administrator of his duty— (a) well and truly to collect and administer the estate of the deceased according to law and, if so required by the Court, deliver up the grant to the Court; r. 11 -- 5 of 10 -- S.R. No. 99/1997 Supreme Court (Chapter III Amendment No. 2) Rules 1997 5 (b) if the Court or the Registrar requires, to make and file or cause to be made and filed a true and just account of the administration of the estate. 2. The giving of time to the administrator or any other forbearance or indulgence shall not in any way affect my liability under this guarantee. 3. The liability under this guarantee shall be continuing and shall be for the whole amount of the loss mentioned in paragraph 1 but my total liability shall not in any event exceed the sum of $ . DATED: SIGNED SEALED AND DELIVERED by the abovenamed in the presence of [THE COMMON SEAL of was hereunto affixed in the presence of ] *If made by more than one, this guarantee should be made jointly and severally —— FORM 3–7B Rule 7.03 AFFIDAVIT OF JUSTIFICATION [heading in accordance with Form 3–1A or 3–1B (as is appropriate)] I, of in Victoria, [occupation] make oath and say that— 1. I am over 18 years of age and under no legal disability. 2. After payment of all my debts and liabilities I am well and truly worth in real and personal property [or as the case may be] not less than the sum of $* 3. Particulars of my property and the values thereof are as follows: r. 11 -- 6 of 10 -- S.R. No. 99/1997 Supreme Court (Chapter III Amendment No. 2) Rules 1997 6 [NOTE—In setting out the property realty must be distinguished from personalty, and a separate gross value for each particular parcel or item thereof must be stated. (a) When realty, the allotment, parish, street, etc. the area of land, whether there are buildings on the land, should be stated with sufficient accuracy to identify the land. (b) When personalty, the following particulars should be given, for example— (1) Description of lease and number of years to run. (2) Number of shares in bank, building society, trading company etc. (3) Money on deposit or current account, giving name and address of bank, society etc. (4) Money lent on mortgage and registered number of same. (5) Household furniture and where kept. (6) Stock in trade of a business and premises wherein kept. (7) Farming implements, &c, where kept, and grain, quantity and where stored. (8) Policy of life insurance, number of years in force with surrender value, and age of the life assured at time of making this affidavit. (9) Live stock, number and kind and where depastured or kept. (10) Good book debts only. Cash in hand and depreciating assets such as furniture and motor vehicles are generally not accepted nor are persons who can only justify to life insurance or superannuation policies.] 4. That I am not surety in any other matter [or if a surety in any other matter state in what matter and to what amount]. Sworn etc. * The gross value at which property of deceased was sworn '. 12. Amendment to Form 3–8A In Form 3–8A to the Principal Rules— r. 11 r. 12 -- 7 of 10 -- S.R. No. 99/1997 Supreme Court (Chapter III Amendment No. 2) Rules 1997 7 (a) after "to the abovenamed caveator" insert ", particulars of whom, and of the deceased, are given below"; (b) after "are given below." insert— "Particulars of the deceased Surname: Given names: In the Will called: Last residential address: Last known occupation: Date and place of birth: Date and place of death: Particulars of caveator Surname: Given Names: Occupation: Residential address: Relationship to deceased:". Dated: 25 September 1997 J. H. PHILLIPS, C.J. JOHN WINNEKE, P. ROBERT BROOKING, J.A. R. C. TADGELL, J.A. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. F. H. CALLAWAY, J.A. J. M. BATT, J.A. SUSAN KENNY, J.A. G. HAMPEL, J. -- 8 of 10 -- S.R. No. 99/1997 Supreme Court (Chapter III Amendment No. 2) Rules 1997 8 BERNARD G. TEAGUE, J. ALLAN W. McDONALD, J. T. H. SMITH, J. DAVID ASHLEY, J. JOHN J. HEDIGAN, J. DAVID BYRNE, J. G. M. EAMES, J. H. R. HANSEN, J. PHILIP MANDIE, J. ROSEMARY BALMFORD, J. ═══════════════ r. 12 -- 9 of 10 -- S.R. No. 99/1997 Supreme Court (Chapter III Amendment No. 2) Rules 1997 9 NOTES 1 S.R. No. 97/1994 as amended by S.R. No. 140/1996. Notes -- 10 of 10 --