Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 3080

Revocation of grant—urgent order before start of proceeding

    (1)     This rule applies—

        (a)     in urgent circumstances; and

        (b)     if the person applying for an order mentioned in subrule (2) intends to start a proceeding for revocation of a grant of representation.

    (2)     Before the proceeding starts, the court may order the personal representative to bring the original grant, and all sealed copies of the grant, into the registry.

    (3)     An application for an order mentioned in subrule (2) must be made by originating application.

Note     Div 2.2.3 (Originating applications) contains provisions about the content of originating applications, the filing and service of originating applications, etc.

    (4)     An application for an order mentioned in subrule (2) should be served, but if the court is satisfied there is adequate reason for doing so, it may make the order without the application being served on anyone.

    (5)     The person must give an undertaking to the court that the person will file an originating application for revocation of the grant of representation not later than—

        (a)     the end of the time ordered by the court; or

        (b)     if the court does not make an order mentioned in paragraph (a)—2 days after the day the order mentioned in subrule (2) is made.



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