New South Wales Consolidated Regulations

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Notice of judgment

46.12 Notice of judgment

(cf SCR Part 49, rule 3)

(1) This rule applies to a judgment in proceedings for--
(a) the administration of the estate of a deceased person, or
(b) the execution of a trust, or
(c) the sale of property.
(2) If the Supreme Court gives a judgment--
(a) affecting the rights or interests of a person who is not a party, or
(b) for the taking of an account or the making of an inquiry,
the Court may, by the judgment or by subsequent order--
(c) give directions for service of notice of the judgment on any person interested, or
(d) if it appears to be impracticable to serve notice of the judgment on any person interested, dispense with service on him or her.
(3) Without limiting subrule (2)(c), the Supreme Court may direct that notice be served personally or in some other manner.
(4) If, under this rule, notice of a judgment is served on a person, or the Supreme Court dispenses with service of notice of a judgment on a person--
(a) subject to paragraph (b), he or she is bound by the judgment to the same extent as if he or she were a party at the time when the judgment was given, except where the judgment has been obtained by fraud or non-disclosure of material facts,
(b) the Court may, on application by him or her on notice of motion filed within the time limited by subrule (5), discharge or vary the judgment or order,
(c) he or she may attend the accounts, inquiries or other matters under the judgment.
(5) Notice of a motion under subrule (4)(b) must be filed--
(a) if notice of the judgment has been served on the applicant, within 28 days after the date of service, and
(b) if the Supreme Court has dispensed with service of notice of the judgment on him or her, within 28 days after the date of the order dispensing with service.

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