New South Wales Consolidated Regulations

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SUPREME COURT RULES 1970 - SECT 78.80

Sureties

78.80 Sureties

(cf former Part 78, rule 77)

(1) At least 14 days before the commencement of proceedings for the passing of accounts for an estate in respect of which an administration bond has been executed under section 64 of the Probate and Administration Act 1898 , the plaintiff must serve on each surety to the bond a copy of the notice referred to in rule 79 (1).
(2) The plaintiff must file an affidavit of compliance with subrule (1).
(3) Instead of or in addition to complying with subrules (1) and (2) in respect of any surety, the plaintiff may file the consent of the surety to an order passing the accounts, with an affidavit verifying the consent endorsed on the document containing the consent.



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