Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 1) (NO 7 OF 2004) - REG 36

substitute

19     Registrar refusing to deal with application

    (1)     This rule applies if an application for representation, or an application for the court to seal a probate or letters of administration, has been filed, and—

        (a)     a caveat against the application is filed before the application has been granted; or

        (b)     the registrar doubts whether the application should be granted; or

        (c)     the application is made under the Act, part 4 (Small estates) and the registrar considers it appropriate that the court deal with the application or it is necessary to get the court's directions.

    (2)     This rule also applies if—

        (a)     in an application for letters of administration, or by motion on notice under order 54 (Motions), in relation to an estate, there is a request—

              (i)     that the administration bond be dispensed with under rule 30A (Dispensing with administration bond); or

              (ii)     under rule 30 (4) (Administration bond) that the amount of the bond be less than the value of the estate; and

        (b)     1 of the following applies:

              (i)     the registrar doubts whether the request should be granted;

              (ii)     a person interested in the estate or creditor has filed a written notice objecting to the request.

    (3)     This rule also applies if—

        (a)     the court or registrar requires an administration bond under rule 30 for an estate to be given by a surety or sureties for a particular amount; and

        (b)     a person interested in the estate applies to the court under rule 32A (Administration bond—addition or reduction after required but before given) for the amount to be reduced; and

        (c)     1 of the following applies:

              (i)     the registrar doubts whether the application should be granted;

              (ii)     a person interested in the estate or creditor has filed a written notice objecting to the application.

    (4)     This rule also applies if—

        (a)     an administration bond is given under rule 30 for an estate, and a person interested in the estate does 1 of the following under rule 32B (Administration bond—addition or reduction after given):

              (i)     applies to the court for an order requiring the surety or sureties to give an additional administration bond;

              (ii)     applies to the court for an order reducing the liability of a surety under the bond; and

        (b)     1 of the following applies:

              (i)     the registrar doubts whether the application should be granted;

              (ii)     a person interested in the estate or creditor has filed a written notice objecting to the application.

    (5)     If this rule applies, the registrar must serve on the applicant a written notice stating that the registrar will not deal with the application and the registrar's reasons for not dealing with the application.

    (6)     The applicant may then apply to the court by motion on notice under order 54 (Motions) for the court to decide the application mentioned in subrule (5).

    (7)     However, the day stated in the notice of motion for hearing the motion must be at least 7 clear days after the day of service of the notice.