Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 1) (NO 7 OF 2004) - REG 55

substitute

Form 2.14     Administration bond

(see o 72 r 31)

[ Heading as in form 2.1 ]

No P     of [ year ]
In the estate of [ name ], late of [ last address, occupation ], deceased


*I/We [ name(s) and address(es) of surety/sureties ] guarantee that *[I/we] will make good, up to $ [ the required amount ¹ ], any loss that anyone interested in the administration of the estate may have because of a breach by the administrator of the administrator's duties.


This bond is a deed.

Date:
Signature(s) of surety/sureties:


Signed at


before me:

Signature of witness:

[ name and address of witness ]

*strike out if inapplicable

Note 1     The required amount is—

        (a)     the value of the estate; or

        (b)     a lesser amount decided by the court; or

        (c)     if the value of the estate is less than $10 000—a lesser amount decided by the registrar (see o 72 r 30).

Form 2.15     Affidavit of justification

(see o 72 r 31A)

[ Heading as in form 2.1 ]

No P     of [ year ]

In the estate of [ name ], late of [ last address, occupation ], deceased.

On ( date, eg 6 February 2004 ), I ¹ [*say on oath/solemnly affirm]—

1     *[My/( if the person making the affidavit is a proper officer of the surety corporation, state the corporation's name eg ABC Pty Ltd's ] net worth (that is, total assets less total liabilities) is more than $ [amount].

[ for an individual ]

2     My assets are:

        (a)     real estate, as follows: [ for real estate, give the property's value and details that identify the property eg street address and district, section and block ]; and

        (b)     personal property ² , as follows: [ for personal property, give the property's value and details that identify the property ]
    [ Examples of personal property and identifying details
•     for shares, the name of the company and the number of shares
•     for money on deposit or current account with a financial institution, the name of the financial institution, the name of the account holder, the account number and the amount
•     for a life insurance policy, the name of the insurer, policy number, the number of years in force with surrender value, and age of surety at time of making this affidavit]

3     My liabilities are: [ include details of liabilities and amounts, eg mortgage with XYZ Bank over 31 Emmy Street Blueacre for $100 000 ]

[ or ]

[ for a corporation ]

2     The [ corporation's name ] assets and liabilities are as set out in the following financial statements for the past 3 financial years, copies of which are annexed to this affidavit:

    [ list types of financial statements, dates of the statements and relevant annexure reference eg, balance sheet for 2002–2003 financial year, at annexure A ]

3     *[I am/[ if the person making the affidavit is a proper officer of the surety corporation , The ( name of corporation ) is] not surety in any other matter [ or if a surety in any other matter, state the matter and amount ].

( signature of person making affidavit )

*[Sworn/Affirmed] at


before me:

*strike out if inapplicable

Note 1     If the surety is an individual, state name, address and occupation; if the surety is a corporation, state the name of the person making the affidavit, the person's position as a proper officer of the corporation and the corporation's name and ACN, eg managing director, ABC Pty Ltd ACN 123 456 789.

Note 2     For personal property, include only items of personal property that significantly contribute to your net worth.