Division 1 Judicial advice

55.1   Statement

(cf SCR Part 70, rule 3)

(1)  A statement under section 63 of the Trustee Act 1925:

(a)  must be divided into consecutively numbered paragraphs, and

(b)  must state the facts concisely, and

(c)  must state the question for opinion, advice or direction.

(2)  Despite rule 6.12 (2), the originating process in proceedings under section 63 of the Trustee Act 1925 need not state the question for opinion, advice or direction.

55.2   Order

(cf SCR Part 70, rule 4)

An opinion, advice or direction under section 63 of the Trustee Act 1925 must be given by order.

55.3   Application by beneficiary

(cf SCR Part 70, rule 5)

The time for an application under section 63 (10) of the Trustee Act 1925 is, subject to that subsection, 28 days after the date of receipt by the applicant of notice under section 63 (8) of that Act or the date of entry of the order containing the opinion, advice or direction, whichever date is the later.

55.4   Appeal

(cf SCR Part 70, rule 6)

An appeal lies to the Court of Appeal from an opinion, advice, direction or order given or made by the Supreme Court under section 63 of the Trustee Act 1925, including an opinion, advice, direction or order given or made by an associate Judge.

Note. Pursuant to section 104 of the Supreme Court Act 1970, this rule overrides the prohibition on an appeal from an associate Judge that would otherwise exist under that section.