QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.647Application by trustee for assessing and passing estate account
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### sec.647 Application by trustee for assessing and passing estate account
A trustee of an estate may apply to the court for an order that an estate account for the estate be assessed and passed.
The applicant must file the estate account and an affidavit stating the reasons for seeking the order.
The application may be made ex parte, but the court may give directions for service the court considers appropriate.
If the applicant seeks assessment of the estate account, the applicant must, if practicable—
nominate a particular account assessor for the account assessment; and
state the applicable hourly rate of the nominated account assessor; and
provide the nominated account assessor’s consent to carry out the account assessment and confirmation that, if appointed, there would be no conflict of interest.
The court may make the orders it considers appropriate.
If the court orders that the estate account be assessed, the court—
must appoint an account assessor to carry out the assessment; and
may give directions to the account assessor about carrying out the account assessment.
The court may direct that the account assessment be carried out without detailed consideration of the estate account unless the account assessor identifies a deficiency in the estate account.
r 647 amd 2000 SL No. 127 s 53
sub 2011 SL No. 296 s 21
(sec.647-ssec.1) A trustee of an estate may apply to the court for an order that an estate account for the estate be assessed and passed.
(sec.647-ssec.2) The applicant must file the estate account and an affidavit stating the reasons for seeking the order.
(sec.647-ssec.3) The application may be made ex parte, but the court may give directions for service the court considers appropriate.
(sec.647-ssec.4) If the applicant seeks assessment of the estate account, the applicant must, if practicable— nominate a particular account assessor for the account assessment; and state the applicable hourly rate of the nominated account assessor; and provide the nominated account assessor’s consent to carry out the account assessment and confirmation that, if appointed, there would be no conflict of interest.
(sec.647-ssec.5) The court may make the orders it considers appropriate.
(sec.647-ssec.6) If the court orders that the estate account be assessed, the court— must appoint an account assessor to carry out the assessment; and may give directions to the account assessor about carrying out the account assessment. The court may direct that the account assessment be carried out without detailed consideration of the estate account unless the account assessor identifies a deficiency in the estate account.
- (a) nominate a particular account assessor for the account assessment; and
- (b) state the applicable hourly rate of the nominated account assessor; and
- (c) provide the nominated account assessor’s consent to carry out the account assessment and confirmation that, if appointed, there would be no conflict of interest.
- (a) must appoint an account assessor to carry out the assessment; and
- (b) may give directions to the account assessor about carrying out the account assessment. Example for paragraph (b) — The court may direct that the account assessment be carried out without detailed consideration of the estate account unless the account assessor identifies a deficiency in the estate account.