Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 88.89

Registrar not to deal with application for representation in certain cases

    (1)     Where an application for a grant of representation or for resealing has been made to the Registrar and:

        (a)     a caveat against the application is subsequently lodged with the Registrar before the representation applied for has been granted;

        (b)     there is no direct evidence of the death of the person in respect of whom the application is made but only evidence supporting a presumption of his death;

        (c)     it appears doubtful to the Registrar whether the application should be granted; or

        (d)     the application is made under Part IV of the Probate Act, and the Registrar thinks it proper to be dealt with by a Judge or it becomes necessary to obtain the directions of a Judge.

the Registrar shall serve on the applicant a notice in writing stating that he will not deal with the application, and giving his reasons.

    (2)     When an applicant has been served with a notice under subrule (1), he may apply to the Court by summons for a grant of representation or resealing.



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