New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 54.3

54.3 Relief without general administration

(cf SCR Part 68, rule 2)

(1) Proceedings may be brought for any relief which could be granted in administration proceedings.

(2) Proceedings may be brought for the determination of any question which could be determined in administration proceedings, including--

(a) any question arising in the administration of an estate or in the execution of a trust,

(b) any question as to the composition of any class of persons--

(i) having a claim against an estate, or

(ii) having a beneficial interest in an estate, or

(iii) having a beneficial interest in property subject to a trust,

(c) any question as to the rights or interests of a person who claims--

(i) to be a creditor of an estate, or

(ii) to be entitled under the will, or on the intestacy, of a deceased person, or

(iii) to be beneficially entitled under a trust.

(3) Proceedings may be brought for an order directing any executor, administrator or trustee--

(a) to furnish accounts, or

(b) to verify accounts, or

(c) to pay funds of the estate or trust into court, or

(d) to do or abstain from doing any act.

(4) Proceedings may be brought for--

(a) an order approving any sale, purchase, compromise or other transaction by an executor, administrator or trustee, or

(b) directing any act to be done in the administration of an estate that the Supreme Court could order to be done if the estate were being administered under the direction of the Court, or

(c) directing any act to be done in the execution of a trust that the Supreme Court could order to be done if the trust were being executed under the direction of the Court.

(5) Subrules (1)-(4) do not limit the operation of each other.

(6) In any proceedings brought pursuant to this rule, a claim need not be made for the administration of the estate, or the execution of the trust, under the direction of the Supreme Court.