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Contents (1970 - 01)
Supreme Court Rules 1970
Current version for 8 December 2017 to date (accessed 17 July 2018 at 10:04)
Part 78 Division 4
Division 4 Contentious proceedings
34   Application of Division
(cf former Part 78, rule 35)
This Division applies to contentious proceedings.
35   Commencement of contentious proceedings
(cf former Part 78, rule 36)
Subject to rule 72, contentious proceedings must be commenced:
(a)  by statement of claim, if there is a defendant, or
(b)  by summons, if there is no defendant.
36   Admissions
(cf former Part 78, rule 37)
Rule 17.7 of the Uniform Civil Procedure Rules 2005 does not apply to contentious proceedings.
37   Disputes as to standing
(cf former Part 78, rule 37A)
(1)  If a defendant opposes the grant of probate or administration and the plaintiff intends to dispute the defendant’s standing to do so, the plaintiff’s pleadings must allege the absence of standing.
(2)  If one party (the first party) has applied for the grant of administration and another party (the second party) alleges that the first party is not entitled to do so, the second party’s pleadings must allege facts that, if proved, would show that the second party is entitled to apply for such a grant.