Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 78.02

Claims

    (1)     In this rule administration proceeding means a proceeding for the administration of the estate of a deceased person or the execution of a trust under the direction of the Court.

    (2)     Where the judgment in an administration proceeding directs the taking of an account of debts or other liabilities of a deceased person, the Court may direct a party to:

        (a)     examine the claims of persons claiming to be creditors of the estate and determine, so far as he is able, to which of the claims the estate is liable;

        (b)     determine, so far as he is able, what are the other debts or liabilities of the deceased; and

        (c)     file an affidavit stating his conclusions and reasons.

    (3)     Where the judgment in an administration proceeding directs an inquiry for unascertained persons entitled, the Court may direct a party to:

        (a)     examine the claims of persons claiming to be entitled and determine, so far as he is able, which of them are valid;

        (b)     determine, so far as he is able, what other persons are entitled; and

        (c)     file an affidavit stating his conclusions and reasons.

    (4)     Where the party directed by the Court under subrule (2) or (3) to examine claims is not the personal representative or trustee concerned, then, unless the Court otherwise orders, the personal representative or trustee shall join with the party so directed in making the affidavit.

    (5)     A copy of the affidavit under subrule (2)(c) or (3)(c) shall be served on every other party not later than 7 days before the time appointed by the Court for adjudicating on claims.

    (6)     For the purpose of adjudicating on claims, the Court may:

        (a)     direct a claim to be investigated in such manner it thinks fit;

        (b)     require a claimant to attend and prove his claim or to furnish further particulars or evidence of it; or

        (c)     allow a claim with or without proof.

    (7)     The Court may give directions for service on persons claiming to be creditors of notice of the result of the adjudication.

    (8)     This rule, with the necessary changes, applies where the judgment in a proceeding other than an administration proceeding directs that an account of debts or other liabilities be taken or that an inquiry be made.



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