Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 1) (NO 7 OF 2004) - REG 39

substitute

46     Application if registrar refuses accounts

    (1)     This rule applies if accounts relating to an estate have been filed with the registrar under rule 38, and—

        (a)     a doubt or difficulty arises; or

        (b)     an interested person wants the matter referred to the court.

    (2)     The registrar must give the accounting party a written notice that—

        (a)     tells the accounting party that the registrar will not pass the accounts; and

        (b)     gives reasons for not passing the accounts.

    (3)     The accounting party may apply to the court to pass the accounts by motion on notice under order 54 (Motions) within 14 days after the day the notice under subrule (2) is given to the accounting party.

47     Time for beginning appeal

If a person has filed a notice under rule 45, the person must apply, by motion on notice under order 54 (Motions), within 21 days after the day the notice is filed, for the appeal to be decided.

48     Service of notice of motion under r 46 and r 47

Notice of motion under rule 46 or rule 47 must be served on the registrar and each beneficiary of the estate at least 7 days before the day for hearing the motion.