UNIFORM CIVIL PROCEDURE RULES 2005 - REG 55.10 Affidavit in support of summons

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 55.10

55.10 Affidavit in support of summons

(cf SCR Part 70, rule 13)

The affidavit under rule 55.9 must set out the following--

(a) a short description of the trust and of the instrument creating it or, as the case may be, of the circumstances in which the trust arose,

(b) the amount and description of the funds,

(c) the name and address, so far as known to the deponent, of each person interested in or entitled to the funds,

(d) if any person interested in or entitled to the funds is a minor--

(i) the name and address, so far as known to the deponent, of a parent or guardian of the minor's person or estate, or

(ii) if the minor has no such parent or guardian or any such parent's or guardian's name or address is unknown to the deponent, the name and address, so far as known to the deponent, of a person with whom the minor resides or in whose care the minor is,

(e) if any person interested in or entitled to the funds is a protected person--

(i) the name and address, so far as known to the deponent, of the protected person's manager, or

(ii) if the protected person has no manager or any such manager's name or address is unknown to the deponent, the name and address, so far as known to the deponent, of a person with whom the protected person resides or in whose care the protected person is,

(f) the name of the person paying the funds into court and his or her address for service.