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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 25 July 2017 at 02:54)
Part 78 Division 9 Subdivision 3
Subdivision 3 Notice of proceedings
57   Notice of proceedings
(cf former Part 78, rules 53 and 56)
(1)  Subject to subrule (2), any party to proceedings for the grant of probate or administration may file and serve on any person having an interest adverse to the party a notice of proceedings.
Note.
 This notice, a “notice of proceedings”, was formerly referred to as a “citation to see proceedings”.
(2)  Such a notice must be filed and served on each person on whom such a notice is required to be served pursuant to any other provision of this Part or any direction of the Court.
(3)  The notice must state that, if the person to whom it is addressed does not enter an appearance in the proceedings, the proceedings may be heard and determined in the person’s absence.
(4)  Division 3 of Part 6 of the Uniform Civil Procedure Rules 2005 (rule 6.10 excepted) applies to appearance by a person on whom a notice of proceedings has been served in the same way as if the person were a defendant in the proceedings.
(5)  If the person on whom the notice is served enters an appearance in the proceedings, he or she is entitled to the same notice of the hearing or trial of the proceedings as a defendant.
58   Election to be a defendant
(cf former Part 78, rule 57)
(1)  A person on whom a notice of proceedings has been served may include in his or her notice of appearance a statement that he or she elects to be a defendant in the proceedings.
(2)  If the person makes such an election:
(a)  he or she becomes a defendant in the proceedings, and
(b)  the proceedings are to continue as if the person:
(i)  had been joined as a defendant by the application for the grant of probate or administration, and
(ii)  had been served with the application for the grant of probate or administration on the day on which he or she was served with the notice of proceedings.
59   Proof of service of notice of proceedings
(cf former Part 78, rule 60)
A party who has issued a notice of proceedings (the issuing party) is not entitled to be heard, except by leave of the Court, unless:
(a)  the person to whom the notice is addressed (the addressee) has entered an appearance in the proceedings, or
(b)  the issuing party has filed:
(i)  an affidavit of service of the notice on the addressee, or
(ii)  an affidavit stating that the notice has not been served on the addressee and explaining why it has not been served.
60   Persons served bound by certain orders and decisions
Subject to any order of the Court, any person on whom a notice of proceedings has been served is bound by all orders and decisions made in the proceedings concerned, including orders and decisions made by consent or otherwise without a contested hearing, and is so bound whether or not the person has elected to be a defendant in the proceedings or has entered an appearance in the proceedings.
Note.
 This is a substantive change to the former law. See note to rule 45.