Rules of the Superior Courts (Examiner) 2011.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Rules, which may be cited as the Rules of the Superior Courts (Examiner) 2011, shall come into operation on the 1st day of February 2011.
(2) These Rules shall be construed together with the Rules of the Superior Courts.
(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2011.
num: 2
paragraphs: The Rules of the Superior Courts are amended:
(i) by the substitution for rule 2 of Order 40 of the following rule:
“2.Save as otherwise provided by these Rules, all affidavits shall be filed in the Central Office. Affidavits used in proceedings to make a minor a ward of Court shall be filed in the Office of Wards of Court. Affidavits used in matters of bankruptcy, arrangement, or insolvency where an order of adjudication or, as the case may be, a winding up order, has been made or in any other case in which an account or inquiry has been directed to be taken by the Examiner and a notice to proceed has issued in accordance with Order 55, rule 11, shall be filed in the Examiners Office. Affidavits used in non-contentious probate matters shall be filed in the Probate Office.”;
(ii) by the substitution for rule 20 of Order 50 of the following rule:
“20.A receiver in any proceeding assigned to a Judge pursuant to the provisions of Order 5, rule 4, shall file in the Examiners Office his account and an affidavit verifying the same in the Form No. 24 in Appendix G. An appointment shall thereupon be obtained by the plaintiff or person having the conduct of the cause or by the receiver for the purpose of passing such account.”;
(iii) by the substitution for rule 25 of Order 50 of the following rule:
“25.When a receiver or administrator pendente lite has given security pursuant to the direction in the order appointing him, the bond shall be filed in the Examiner’s Office and kept as of record until the same shall have been duly vacated, and the Examiner shall endorse on the order appointing him a certificate that the bond has been filed.”;
(iv) by the substitution for rule 2 of Order 52 of the following rule:
“2.Save as otherwise provided by these Rules, all such applications other than such as under the existing practice are made ex parte or are authorised by these Rules to be so made, shall be made by motion on notice to the parties concerned, which shall be filed:
(a),in the case of applications to the Supreme Court, in the office of the Registrar of the Supreme Court,
(b) in the case of applications relating to wards of Court, in the Office of Wards of Court,
(c) in matters of bankruptcy, arrangement, or insolvency where an order of adjudication or, as the case may be, a winding up order, has been made or in any other case in which an account or inquiry has been directed to be taken by the Examiner and a notice to proceed has issued in accordance with Order 55, rule 11, the Examiner’s Office, and
(d) in the case of other applications, in the Central Office.”;
(v) by the substitution for rule 40 of Order 55 of the following rule:
“40.Every notice by this Order required to be given to creditors or other claimants shall, unless the Court shall otherwise direct, be served through the Examiner’s Office on the creditor or other claimant at the address given in his claim, or, in case such creditor or other claimant shall have employed a solicitor, on such solicitor at the address given by him.”;
(vi) by the substitution for rule 47 of Order 55 of the following rule: