Court Procedures Rules 2006

The result of the taking of an account must be stated in a certificate that must be filed in the court immediately after it is settled.

Anyone who is interested in the account may apply to the court for the certificate to be set aside or amended not later than 7 days after the day the certificate is filed.

Pt 6.2 (Applications in proceedings) applies to an application for an order or leave under this rule.

The application must state—

the items objected to; and

briefly, but specifically, the grounds of the objection.

The court must decide the application on the same evidence as was presented at the taking of the account, unless the court gives leave for further evidence to be presented.

The certificate becomes final, and is binding on the parties, at the end of 7 days after the day it is filed in the court, unless someone applies under subrule (2) for the certificate to be set aside or amended.

However, in special circumstances the court may set aside or amend the certificate after it has become final and binding.

The certificate must not set out the order, the documents, evidence or reasons, but it must refer to the order or the documents or evidence so that the basis of the result of the account is stated in the certificate.

The certificate must state the items allowed and disallowed.

The party responsible for the prosecution of the taking of the account must prepare a draft certificate for settling by the court on at least 7 days notice to everyone who appeared at the taking of the account.

The registrar must serve a stamped copy of the certificate on each party to the account.