Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 3091

Application—div 3.1.9

    (1)     This division applies to the following proceedings:

        (a)     a proceeding in which the court is asked to pronounce for or against the validity of a will;

        (b)     a proceeding brought in opposition to an application for a grant of representation;

        (c)     a proceeding under the href="http://www.legislation.act.gov.au/a/1968-11" title="A1968-11">Wills Act 1968

, section 11A (Validity of will etc not executed with required formalities);

        (d)     a proceeding in opposition to an application under the title="A1929-18">Administration and Probate Act

, section 80 (Reseal of grant made in reciprocating jurisdiction);

        (e)     a proceeding for the removal of an executor;

        (f)     a proceeding for the revocation of a grant of representation;

        (g)     any other proceeding in relation to which the court makes an order under subrule (2).

    (2)     On application by an interested person or on its own initiative, the court may, at any stage of a proceeding started in the court in relation to an estate

        (a)     order that a proceeding continue as if it were a proceeding to which this division applied; and

        (b)     give the directions it considers appropriate for the conduct of the proceeding; and

        (c)     make any orders it considers appropriate.

Note 1     Pt 6.2 (Applications in proceedings) applies to an application for an order or directions under this rule.

Note 2     The court also has a general power to make directions about the conduct of a proceeding (see r 1401 (Directions generally)).



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