Probate List

The Probate List provides specialist administrative handling of probate matters and provides an increased ability to track proceedings.

 The following matters are appropriate for inclusion in the List:

(a)        applications for grants of representation which are referred by the Registrar to a Judge;

(b)        caveat matters where a summons for directions has been filed pursuant to Rule 8.07;

(c)        applications for limited grants formerly dealt with by the Judge in the 
Practice Court, for example, ad colligendum bona, ad litem or pendente lite.;

(d)        applications for revocation of grants of representation;

(e)        applications for rectification of a will;

(f)         matters in which a party seeks construction of a will;

(g)        other matters arising under the Administration and Probate Act 1958, excluding matters arising under Part IV (family provision cases);

(h)        other matters arising under the Wills Act 1997; and

(i)         such other matters which in the opinion of the Court ought to be included in the List.

 

The following matters will not be entered into the List:

(a)        applications for grants of representation which are not referred by the Registrar to a Judge;

(b)        matters arising under Part IV of the Administration and Probate Act 1958; and

(c)        applications relating to commission under Order 10.

 Judge-in-Charge

 The Honourable Justice McMillan

Associate Contact

Paul Reynolds

Associate to Justice McMillan

Tel: 9603 6086

Fax: 9603 8408

Nicholas Baum

Associate to Justice McMillan

Tel: 9603 6244

Fax: 9603 8408

Fees

 Please refer to Court Fees

Directions Dates and Times

 Directions days are Fridays at 10.00am. Paragraph 12 of  Practice Note No. 5 of 2011 is no longer operative.

Where Matters are Heard

 As a general rule, matters are heard in Court 7, 210 William Street, Melbourne. Please see the Daily List for confirmation

Where Process is Issued

Principal Registry, Level 2, 436 Lonsdale Street, Melbourne, Victoria, 3000

Obtaining Advice

 Registry

 If necessary, general procedural advice can be obtained from the Registry in relation to the following:

* File search enquiries

* Fee enquiries

* Document enquiries

Associate

Obtaining special date for an urgent application

Part IV/TFM List

Judge in Charge 

The Honourable Associate Justice Zammit


Associate Contact

Pamela Walton

Tel:    9603 9319

Fax:   9603 9320

 

Relevant Practice Notes and Guides

Practice Note No. 5 of 2011