Northern Territory Consolidated Regulations Northern Territory Consolidated Regulations(1) Before making an order under rule 88.77, the Court may order that the applicant for the Order attend before the Registrar to vouch the applicant's accounts.
(2) The Registrar shall fix an appointment for the purpose of the vouching of the accounts.
(3) Not later than 14 days before the appointment to vouch his accounts the applicant shall cause to be published a notice of the filing of his accounts, the order or orders claimed in the proceedings and the appointment to vouch the accounts.
(4) The notice shall be published in a newspaper circulating in Darwin and, if the deceased was resident at the date of his death at a place more than 200 kilometres from the General Post Office at Darwin, also in a newspaper published and circulating in the district where the deceased resided.
(5) Subject to subclause (7), not later than 14 days before the appointment to vouch his accounts the applicant shall serve on any surety to an administration bond in the estate a copy of the notice referred to in subrule (3).
(6) The applicant shall file an affidavit of compliance with subrules (4) and (5).
(7) Instead of or in addition to complying with subrules (3) and (4) in respect of a surety, the applicant may file the consent of that surety to an order passing the accounts and an affidavit verifying the consent.
(8) While an application to which this rule applies is pending, a person:
(a) may, unless the Registrar otherwise directs, inspect the accounts without the leave of the Court; and
(b) may, at any time before completion of the hearing, file a notice of appearance in the proceeding.
(9) A person filing a notice of appearance shall be a respondent in the proceeding.
(10) On the day appointed under subrule (2) or at such later time as convenient, the Registrar shall proceed with the vouching before him of the accounts where the applicant has complied with this Part.
(11) The applicant may vouch his accounts in person, by his legal practitioner or by a person authorized by the legal practitioner.
(12) A person, whether or not he is a party in the proceedings, may attend on the vouching of the accounts unless the Court, of its own motion, otherwise orders.
(13) The Registrar may permit a person to ask, through him, a question relevant to the vouching of the accounts.
(14) Where the vouching of the accounts is not concluded on the day appointed, subject to any direction by the Registrar, he may decline to proceed with the vouching at any time reasonable notice of which has not been given to any person interested.
(15) On the conclusion of the vouching, the Registrar shall inform the applicant of matters necessary for preparation by the applicant of a draft minute of a certificate of the vouching of the accounts.
(16) The certificate vouching the accounts shall certify as to:
(a) the correctness of the accounts;
(b) the amount of capital realised during the period of the accounts;
(c) the amount of income collected during the period of the accounts;
(d) the value of assets transferred to beneficiaries during the period of the accounts;
(e) where a business was carried on, the gross receipts and net profit earned or loss incurred during the period of the accounts; and
(f) any other relevant information.
(17) The applicant shall lodge the draft minute with the Registrar.
(18) The Registrar shall sign a correct minute of his certificate and shall file it.
(19) Except where rule 88.79 applies, the applicant, on the filing of a minute under subrule (18), shall obtain from the Registry an appointment for the resumption of the hearing of the proceeding.