UNIFORM CIVIL PROCEDURE RULES 2005 - REG 57.7 "Usual orders" under sections 41 and 54

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 57.7

57.7 "Usual orders" under sections 41 and 54

(cf SCR Part 76, rules 13 and 13A)

(1) If--

(a) under section 41 of the NSW Trustee and Guardian Act 2009 , the Supreme Court makes a declaration that the defendant is incapable of managing his or her affairs, or

(b) under section 54 of the NSW Trustee and Guardian Act 2009 , the Supreme Court makes a declaration that the defendant is a missing person,

it may, with or without further order, also make the usual orders.

(2) The
"usual orders" referred to in subrule (1) are as follows--

(a) an order that the defendant's estate be subject to management under the NSW Trustee and Guardian Act 2009 ,

(b) an order that--

(i) the person proposed in the originating process be appointed manager of the defendant's estate, to act in relation thereto under the order and direction of the NSW Trustee and Guardian, or

(ii) if the NSW Trustee and Guardian is the person proposed, that the management of the defendant's estate be committed to the NSW Trustee and Guardian,

(c) if the person appointed manager of the defendant's estate is not the NSW Trustee and Guardian, an order that the person may not do anything in reliance on the appointment until the NSW Trustee and Guardian has authorised the person to assume management of the defendant's estate,

(d) if 2 or more persons are appointed to be managers, an order that, on the death or discharge of any of them, custody of the defendant's estate continues to the remainder of them,

(e) an order that the plaintiff's costs (and, if the defendant appears, the defendant's costs) on an indemnity basis be paid out of the defendant's estate,

(f) an order that all parties be at liberty to apply as they may be advised.