Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 54.06

Judgment in administration proceeding

    (1)     The Court need not give judgment or make an order for the administration of an estate or the execution of a trust under the direction of the Court unless the judgment or order is necessary for the determination of the questions arising between the parties.

    (2)     Where an administration proceeding is brought by a creditor of the estate or by a person claiming to be entitled under the will or on the intestacy of the deceased or to be beneficially entitled under the trust, the Court may—

        (a)     if it is alleged that no or no sufficient accounts have been furnished by the executors, administrators or trustees, order

              (i)     that the proceeding be stayed for a period specified in the order; and

              (ii)     that the executors, administrators or trustees shall, within that period, furnish the plaintiff with proper accounts;

        (b)     if necessary to prevent proceedings by other creditors or by other persons claiming to be entitled under the will or on the intestacy of the deceased or to be beneficially entitled under the trust—

              (i)     give judgment or make an order for the administration of the estate or the execution of the trust under the direction of the Court; and

              (ii)     order that no steps be taken under the judgment or order, or under any account or inquiry directed, without the leave of the Court.



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