Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 3049

Administration bond—addition or reduction after required but before given

    (1)     This rule applies if the court requires an administration bond under rule 3045 (Administration bond—requirement for bond) for an estate to be given by a surety or sureties for a particular amount.

    (2)     On the application of anyone interested in the estate or on its own initiative on the registrar's report, the court may, at any time before the bond has been given by the surety or sureties, order that the amount be reduced or increased.

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

    (3)     However, application must not be made if the court has made a decision about the amount under rule 3045 (5).

    (4)     The court may remove the administrator for the estate and appoint someone else in the administrator's place with power to sue or be sued on any contract made by the removed administrator if—

        (a)     the court makes an order under subrule (2) that the amount be increased; and

        (b)     the surety or sureties will not guarantee the increased amount; and

        (c)     the administrator does not produce another surety or other sureties to cover the increased amount.

    (5)     In this rule:

"required amount"—see rule 3045 (6).



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