ByLawyers News and Updates

TAS – Probate Rules 2017 – Changes to practice and procedure

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New Probate Rules 2017 have commenced:

–           Circular No 14 of 2017 Probate Practice and Procedure includes transition periods, 2017 forms, changes to practice and procedure;

–           Probate Rules 2017 – Fact Sheet – Supreme Court of Tasmania outlines new rules and forms – available on our matter plan.

Our author will review the publication following a period of implementation.

NSW – Traffic offences – Application to remove driver licence disqualification added

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Application to remove driver licence disqualification precedent has been added to the Traffic Offences matter plan as a result of the recent commencement of the Road Transport Amendment (Driver Licence Disqualification) Act 2017 which commenced on 28 October 2017.

NSW – Land and Property Information (LPI) name change

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From 1 December 2017 Land and Property Information (LPI) will be renamed Land Registry Services (LRS). Their logo, website domains and email address are changing. Full details available in this announcement from LPI.

Family Law – Discontinuance & Summary Dismissal

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Commentary has been added to the Property Settlement, Children and Divorce publications on discontinuance and summary dismissal of proceedings. The necessary forms have also been linked to the relevant matter plans.

Proceedings maybe discontinued according to Family Law Rule 10.11 and Federal Circuit Court Rules 13.01 and 13.02. …

See Bigg and Suzi [1998] FamCA 14 (5 March 1998) where the Court said that not only did it have power to summarily dismiss an
application which could not succeed, but also the Court had inherent power to dismiss or permanently stay an application.

WA – Electronic lodgement for all eligible documents

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From 1 December 2017 – Any lodgement case consisting of eligible discharges, transfers, mortgages, caveats and withdrawal of caveats must be lodged electronically. Are you E-Conveyancing ready? See our paper E-Conveyancing – Get Connected for information and implementation timelines

VIC – Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 – commenced

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ALERT: The Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commenced on 1 November. Changes are made to ademption, executor commission and distribution on intestacy.

TAS – Probate Rules 2017 commence 8 November

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ALERT: From 8 November 2017 Probate Rules 2017 commence and Probate Rules 1936 are revoked. Circular No 14 of 2017 Probate Practice and Procedure details transition periods, the 2017 forms, how to submit queries and changes to practice and procedure affecting, for example, notice of intention and search requests.

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