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26 September 2014

Mentor

NSW: Local Court –Small Claims Division - Jurisdiction limit

Question 1

Does the $10,000 limit in the Small Claims Division of the Local Court include GST, legal fees, filing fees and interest? (New South Wales)

Answer

GST is included within the $10,000 limit. However legal fees, filing fees and interest up to judgment are not included, and as such do not count towards the monetary limit.
See regulation 2.9 of the Local Court Rules 2009 and section 30(4) of the Local Court Act 2007.

VIC – Estates – Probate – Sale prior to grant

Question 2

In Victoria can a property be sold prior to grant of probate?
(Victoria)

Answer

Yes. The named executor can enter into a contract. Include a special condition that the sale is subject to obtaining a Grant of Probate. Include a copy of the Application by Legal Personal Representative as proof of right to sell.

Family law – Notice of address for service

Question 3

Hello, would you be kind enough to tell me when it is appropriate to file a Notice of Appearance in a family matter in the Federal Circuit Court, and which form should be used? Does an affidavit need to be filed with it?

Answer

A Notice of Appearance is not filed in family matters in the Federal Circuit Court. If you are required to appear without having filed a Response, or another document that includes an address for service, then you are required to file a Notice of Address for Service. This form can be found in our Family Law guides. See rules 6.01(2)(b), 9.01(4) and 9.02(4) of the Federal Circuit Court Rules 2001.

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