Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 957

Determination of claims
(1)  If the judgment in an administration proceeding directs the taking of an account of debts or other liabilities of a deceased person, the Court or a judge may direct a party to –
(a) examine the claims of any person claiming to be a creditor of the estate and determine, so far as the party is able, to which of the claims the estate is liable; and
(b) determine, so far as the party is able, what are the other debts and liabilities of the deceased; and
(c) file an affidavit stating the party's conclusions and reasons for those conclusions.
(2)  If the judgment in an administration proceeding directs an inquiry for unascertained persons entitled, the Court or a judge may direct a party to –
(a) examine the claims of any person claiming to be entitled and determine, so far as the party is able, which of them are valid; and
(b) determine, so far as the party is able, what other persons are entitled; and
(c) file an affidavit stating the party's conclusions and reasons for those conclusions.
(3)  If the party directed to examine claims under subrule (1) or (2) is not the personal representative or trustee concerned, that personal representative or trustee is to join with the party in making the affidavit unless otherwise ordered.
(4)  A copy of the affidavit under subrule (1) or (2) is to be served on each other party not less than 7 days before the date and time appointed for adjudicating on claims.
(5)  For the purpose of adjudicating on claims, the Court or a judge may –
(a) direct any claim to be investigated in any manner as may be appropriate; or
(b) require any claimant to attend and prove the claim or to furnish further particulars or evidence of it; or
(c) allow any claim with or without proof.
(6)  The Court or a judge may give directions for service on any person claiming to be a creditor of notice of the result of the adjudication.
(7)  With any necessary modifications, this rule applies to a judgment in any proceeding other than an administration proceeding that directs an account of debts or other liabilities to be taken or an inquiry to be made.



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