To ensure the Court can continue to deliver core and vital services during the coronavirus (COVID-19) pandemic, the Court has introduced a suite of changes to its processes and procedures.
The following types of proceedings should be initiated in the Trusts, Equity and Probate List:
- Applications for grants of representation that are referred by the Registrar of Probates to the Judge in Charge.
- Caveat proceedings where a summons for directions has been filed pursuant to rule 8.07 of the Supreme Court (Administration and Probate) Rules 2014.
- Applications for limited grants, including grants of letters of administration, ad colligendum bona, ad litem, pendente lite, durante dementia or durante minore aetate.
- Applications for revocation of grants of representation, rectification of a will, construction of a will, and other proceedings pursuant to the Wills Act 1997.
- Applications pursuant to section 63(1) of the Trustee Act 1958 that are not appropriate for the Commercial Court.
- Applications for judicial advice pursuant to rule 54.02 of the Supreme Court (General Civil Procedure) Rules 2015 that are not appropriate for the Commercial Court.
- Applications pursuant to the Charities Act 1978.
- Applications for equitable remedies, including the declaration of equitable interests in property, that are not appropriate for the Commercial Court.
- Other proceedings arising under the Administration and Probate Act 1958 (excluding proceedings arising under Part IV).
Note that applications under Part IV of the Administration and Probate Act 1958 should be initiated in the Testators Family Maintenance List.
Judges in charge
The Honourable Justice McMillan
The Honourable Justice Moore
Judicial Registrar Keith
Practice Note SC CL 6 Trusts, Equity and Probate List (First revision) provides detailed guidance on how proceedings in the Trusts, Equity and Probate List are managed, including information on:
- Proceedings suitable for inclusion in the List
- Procedures for entry into the List
- Pre-trial management and instructions on how to obtain a first hearing date
- Preparation of consent orders
- Urgent applications
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Directions dates are subject to change.
The Hearing Date Information Form should be used when seeking a hearing date for a summons or notice to produce (see paras 6.2, 6.9 & 7.1 of Practice Note SC CL 6)
- Hearing Date Information Form
- Guidelines for Standard Orders
- Practice Note SC CL 6 Trusts, Equity and Probate (First revision)
Please refer to the Guidelines for Standard Orders for further information on preparing proposed orders for proceedings in the List.
Parties are reminded of the requirement to order transcript for trials and should consider the requirements for ordering transcript contained in Practice Note SC GEN 7 Transcripts in Civil Proceedings (First revision).
Transcripts can be ordered from the Court’s transcript provider - Auscript on (03) 9672 5601. Fees apply and are available from Auscript. Please note that the Court generally requires that practitioners order running transcripts for trials. Orders for these transcripts must be placed with Auscript no later than 9 am of the date of the hearing or trial.
Communications, including enquiries about directions and interlocutory applications, should be directed to email@example.com@pet . Your query will be attended to by the registry lawyer assisting in the management of the List.
Any correspondence with the Court must be sent simultaneously to all other parties and must be confined to uncontroversial matters. Please refer to Practice Note SC GEN 4 Custom and Protocol for further information.