Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 3094

Division 3.1.9 proceeding—affidavits

    (1)     This rule applies to a division 3.1.9 proceeding in relation to an estate that is started by a person by originating application or an application in the proceeding.

    (2)     The application must be supported by an affidavit stating the nature of the person's interest in the estate and, for an affidavit supporting an originating application, the interest in the estate of each defendant named in the originating application.

    (3)     The court may give directions about the filing and contents of any other affidavits in the proceeding, including a direction for affidavits of scripts to be filed.

Note 1     Pt 6.2 (Applications in proceedings) applies to an application for directions.

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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