Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2723

Accounts—service of order etc

    (1)     An order for the taking of an account that is to be served on a person who was not a party to the proceeding must be served personally.

    (2)     The account must not be taken until all necessary people have been served with the order for the taking of the account, unless the court otherwise orders.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (3)     If the court dispenses with service, the court may also order that the people in relation to whom service is dispensed with are bound by the order for the taking of the account.

    (4)     An order under subrule (3) does not apply to a person if the order (or the order dispensing with service) was obtained by fraud or nondisclosure of material facts.

    (5)     If—

        (a)     the court orders the taking of an account in a proceeding for the administration of a deceased person's estate, the enforcement of the trust of a written instrument or the partition or sale of an hereditament; and

Note     A hereditament is land or an interest in land that can be passed to heirs.

        (b)     the court also orders that the order mentioned in paragraph (a) be served on the people interested in the estate, trust or hereditament;

everyone on whom the order is served is bound by the proceeding.



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