Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) If—
(a) a person has applied or intends to apply for grant of representation for an estate; and
(b) a caveat is in force in relation to the granting of representation for the estate;
the person may apply to the court for an order setting aside the caveat.
(2) If the person has applied for grant of representation, the application must be made in that proceeding.
Note Pt 6.2 (Applications in proceedings) applies to the application.
(3) If the person intends to apply for grant of representation, the application must be made by originating application, naming the caveator as a defendant.
(4) The court may set aside the caveat if it considers that the evidence does not—
(a) show that the caveator has an interest in the estate or a reasonable prospect of establishing an interest; or
(b) raise doubt about whether the grant of representation should be made.
(5) If the court sets aside the caveat under subrule (4), the caveator must not file another caveat in the court in relation to the estate without the court's leave.
Note Pt 6.2 (Applications in proceedings) applies to an application for leave or directions under this rule.
(6) If the court does not set aside the caveat under subrule (4), the court may give the directions it considers appropriate for the application to be decided quickly, including a direction for the caveator to start a proceeding within a stated time.
(7) The court may give directions under subrule (6) on application by a party or on its own initiative.
Note Pt 6.2 (Applications in proceedings) applies to an application for directions.
(8) If the court gives a direction under subrule (6) for the caveator to start a proceeding with a stated time and the caveator fails to start a proceeding within that time, the caveat is taken to have been withdrawn.