Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3020

    (1)     An application under the href="http://www.legislation.act.gov.au/a/1929-18/default.asp" title="A1929 No 18">Administration and Probate Act

, section 80 (Reseal of grant made in reciprocating jurisdiction) must be made by originating application.

Note     See approved form 3.16 (Originating application—reseal of foreign grant) AF2017-172

    (2)     The application must be accompanied by—

        (a)     a draft of the reseal sought, in duplicate, with a copy of the grant of probate or administration, or order to collect and administer, sought to be resealed attached; and

Note     See approved form 3.17 (Reseal of foreign grant) AF2017-173

        (b)     a copy of the grant or order mentioned in paragraph (a) sealed, or certified, by the court that made it; and

        (c)     a supporting affidavit; and

Note     Rule 3022 (Reseal of foreign grant—supporting affidavit for application) deals with the contents of the supporting affidavit.

        (d)     an affidavit of search; and

Note     Rule 3023 (Reseal of foreign grant—affidavit of search) deals with the contents of the affidavit of search.

        (e)     anything else required under a territory law.

Note     A territory law includes these rules (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, s 98).

    (3)     The application and the documents accompanying it need not be served on anyone unless the court otherwise orders on its own initiative.

    (4)     A return date must not be set for the application unless the court otherwise orders on its own initiative.

Note     Return date for an application is defined in the dictionary.