Supreme Court (Chapter III Amendment No. 1) Rules 1996

i Supreme Court (Chapter III Amendment No. 1) Rules 1996 S.R. No. 140/1996 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Amendment of Rule 1.07 1 6. New Order 11 inserted 2 ORDER 11—REVOCATION 2 11. 01 Application of Order 2 11. 02 Process 2 7. Amendment to Forms 3-1A and 3-1B 2 8. Amendment to Form 3-2A 2 9. Amendment to Form 3-3A 2 10. Amendment to Form 3-4A 3 11. Amendment to Forms 3-10A, 3-10D and 3-10E 3 ═══════════════ NOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 1996 S.R. No. 140/1996 Supreme Court Act 1986 Supreme Court (Chapter III Amendment No. 1) Rules 1996 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to prescribe a procedure for applications for the revocation of a grant of probate or letters of administration and 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 3 February 1997. 4. Principal Rules In these Rules, the Administration and Probate Rules 19941 are called the Principal Rules. 5. Amendment of Rule 1.07 In Rule 1.07 of the Principal Rules for "whichever is appropriate" substitute "unless circumstances otherwise require". -- 2 of 6 -- S.R. No. 140/1996 Supreme Court (Chapter III Amendment No. 1) Rules 1996 2 6. New Order 11 inserted After Order 10 of the Principal Rules insert— "ORDER 11—REVOCATION 11.01 Application of Order This Order applies to an application for revocation of a grant of representation. 11.02 Process An application for revocation shall be made by summons in the proceeding in which the grant was made.". 7. Amendment to Forms 3-1A and 3-1B In each of Forms 3-1A and 3-1B to the Principal Rules— (a) for "In the matter of [full name] deceased" substitute— "In the matter of the *Will/*Will and Estate/*Estate of [name of deceased] deceased"; and (b) at the foot of the form insert "*delete if inapplicable". 8. Amendment to Form 3-2A In Form 3-2A to the Principal Rules for "[heading as in Form 3-1A]" substitute "[heading in accordance with Form 3-1A and Rule 2.02(b)]". 9. Amendment to Form 3-3A In Form 3-3A to the Principal Rules for "[heading as in Form 3-1A]" substitute "[heading in accordance with Form 3-1A and Rule 3.02(1)(b)]". r. 6 -- 3 of 6 -- S.R. No. 140/1996 Supreme Court (Chapter III Amendment No. 1) Rules 1996 3 10. Amendment to Form 3-4A In Form 3-4A to the Principal Rules for "[heading as in Form 3-1A]" substitute "[heading in accordance with Form 3-1A and Rule 4.02(b)]". 11. Amendment to Forms 3-10A, 3-10D and 3-10E In each of Forms 3-10A, 3-10D and 3-10E to the Principal Rules— (a) for "In the matter of [full name] deceased" substitute— "In the matter of the *Will/*Will and Estate/*Estate of [name of deceased] deceased"; and (b) at the foot of the form insert "*delete if inapplicable". Dated: 28 November 1996 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. K. M. HAYNE, J.A. STEPHEN CHARLES, J.A. F. H. CALLAWAY, J.A. G. HAMPEL, J. H. NATHAN, J. BERNARD G. TEAGUE, J. ALLAN W. McDONALD, J. r. 10 -- 4 of 6 -- S.R. No. 140/1996 Supreme Court (Chapter III Amendment No. 1) Rules 1996 4 T. H. SMITH, J. JOHN J. HEDIGAN, J. DAVID BYRNE, J. D. L. HARPER, J. G. M. EAMES, J. J. M. BATT, J. H. R. HANSEN, J. ROSEMARY BALMFORD, J. ═══════════════ r. 11 -- 5 of 6 -- S.R. No. 140/1996 Supreme Court (Chapter III Amendment No. 1) Rules 1996 5 NOTES 1 S.R. No. 97/1994. Notes -- 6 of 6 --