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RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY (AMENDMENT)1992 NO. 79

Statutory Rules 1992 No. 79

Issued by the Authority of the Judges of the Supreme Court of the Australian Capital Territory

AMENDMENT OF THE RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

These amendments are of several kinds.

1.       Order 40, sub rule 2(4) has been amended consistent with the requirements of Order 66 rule 8.01 which no longer requires a document to have a backing sheet.

2.       Order 66 is amended in a number of respects. The heading to the order is amended to read "Documents" rather than "Documents Style" and the Order is divided into two Divisions as follows:

Division 1 - Style and Division 2 - Inspection.

Order 66 rules 10.01 and 10.02 which relate to the signature of solicitors on court documents and rules 11.01, 11.02 and 11.03 which impose restrictions on the inspection of certain Registry documents and which were inadvertently omitted by Statutory Rules 1991 No 251 are reinserted in the Order.

3.       Order 72 dealing with the Administration and Probate Jurisdiction of the Court is amended in several respects consequent upon amendments to the Wills Act 1968 of the Australian Capital Territory.

3.1       Section 20A of the Wills Act revokes gifts in a will in favour of a former spouse upon termination of the marriage. Paragraphs 6(1)(b) & (c) of order 72 have been redrafted and paragraph 6(1)(ca) of Order 72 has been introduced to give effect to this amendment.

3.2       Sections 8, 8A and 8B of the Wills Act 1968 provide for the making of a will by a minor in certain circumstances. Paragraph 6(1)(f) of order 72 has been redrafted to give effect to this amendment.

3.3       Section 11A of the Wills (Amendment) Act 1991 of the Australian Capital Territory eliminates to some extent the requirement for formal execution of a testamentary document. A similar provision exists in New South Wales. Accordingly paragraph 6(1)(ha) has been inserted in order 72 modelled on the New South Wales Supreme Court Rules.

4.       Amendments were made to the Administration and Probate Act in 1989 (No. 19 of 1989) so that it would no longer be mandatory to file accounts in all matters from the date of a grant of representation. Order 72 rule 38 has accordingly been redrafted to give effect to this amendment and again is modelled on a similar provision in the New South Wales probate jurisdiction.

5.       Order 75B rule 39 paragraphs (a) and (b) have been redrafted consequent upon amendments of Order 75B rule 38 by Statutory Rule 1991 No. 251.