New South Wales Consolidated Acts

SUCCESSION ACT 2006 - SECT 142

142 Rules of Court

(1) Rules of Court may be made under the Supreme Court Act 1970 for or with respect to the practice and procedure to be followed in respect of proceedings under this Act and any matters incidental to, or relating to, such practice and procedure.

Note : Under section 9 (2) and clause 30 of Schedule 3 to the Civil Procedure Act 2005 rules may also be made under that Act.

(2) Without limiting subsection (1), rules of court may be made for or with respect to the following--

(a) the service of documents (including the service of documents outside New South Wales),

(b) the giving of notices under this Act,

(c) applications under this Act,

(d) matters relating to costs (including the costs payable out of small estates and other estates) in proceedings under this Act,

(e) dispensing with the rules of evidence for proving any matter that is not bona fide in dispute or in which formal proof may give rise to expense or delay,

(f) without limiting the generality of paragraph (e), permitting informal evidence to be given of property valuations or the medical condition of the deceased or any other persons concerned with proceedings under Chapter 3,

(g) the circumstances in which proceedings under Chapter 3 in respect of small estates may be dealt with in the absence of the parties,

(h) the making of elections by the spouses of intestates under Chapter 4.

(3) This section does not limit the rule-making powers conferred by the Supreme Court Act 1970 .

(4) In this section--

"small estate" means an estate the value of which is less than $750,000 or such other amount as may be prescribed by the regulations.