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
Associate to Justice McMillan
Tel: 9603 6244
Fax: 9603 840
Associate to Justice McMillan
Tel: (03) 9603 6086
Fax: (03) 9670 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