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Part 2 · Overview

7. Directions for defence or affidavit on merits (P. 2, r. 7)

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(1)

If the defendant challenges the jurisdiction of the Court and fails, the Court will give directions to the defendant to file his or her defence or affidavit on the merits.

(2)

Where there is no challenge to the jurisdiction of the Court, the Court will consider all matters necessary to bring the proceedings to a conclusion in accordance with the Ideals.

Subregulation 1

If the defendant challenges the jurisdiction of the Court and fails, the Court will give directions to the defendant to file his or her defence or affidavit on the merits.

Subregulation 2

Where there is no challenge to the jurisdiction of the Court, the Court will consider all matters necessary to bring the proceedings to a conclusion in accordance with the Ideals.

Report

Part 3

General Matters

Part 4

Parties to Proceedings and Causes of Action

Part 5

Amicable Resolution of Cases

Part 6

Non-Contentious Probate Proceedings

Part 7

Contentious Probate Proceedings

Part 8

Inheritance (Family Provision) Act 1966

Part 9

Legitimacy Act 1934

Part 10

Wills Act 1838

Part 11

Disability

Part 12

Appeals from Applications in Actions, Registrar’S Decisions and Trials of Originating Application by District Judge or Magistrate

Part 13

Appeals from Judgments and Orders After Trial

Part 14

Transfer of Proceedings

Part 15

Contempt of Court

Part 16

Costs

Part 17

Court Fees

Part 18

Lodgment in Court, Money in Registry and Payment to Bailiff

Schedules