Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 657B

657B Passing estate account

(1) After a certificate of account assessment is filed in the court, a party may relist the application made under rule 645 or 647 for the account to be passed by the court.

(2) The party must give notice of the request under subrule (1) and the date and time of the hearing of the application to all other parties.

(3) A party dissatisfied with a decision in an account assessor’s certificate of account assessment may ask the court to review the decision before the estate account is passed.

(4) The party must file and serve an affidavit on all other parties—

(a) stating specific and concise grounds for objecting to the decision in the certificate of account assessment; and

(b) exhibiting a copy of the written reasons for the decision given by the account assessor; and

(c) detailing any evidence relied on in support of the objection.

(5) On the review, the court may do all or any of the following—

(a) exercise all the powers of the account assessor in relation to the account assessment;

(b) set aside or vary the decision of the account assessor;

(c) refer any issue to the account assessor for reconsideration, with or without directions;

(d) make any other order or give any other direction the court considers appropriate.

(6) After the conclusion of the review, the court may—

(a) pass the estate account; and

(b) make any other order, including as to costs, as may be appropriate in the circumstances.