Division 3.1.9 proceeding—starting
3092 Division 3.1.9 proceeding—starting
If a person wants to start a division 3.1.9 proceeding in relation to an estate and a proceeding is not before the court in relation to the estate, the person must bring the proceeding by originating application.
Note Div 2.2.3 (Originating applications) contains provisions about the content of originating applications, the filing and service of originating applications, etc.
If a person wants to start a division 3.1.9 proceeding in relation to an estate and a proceeding is before the court in relation to the estate, the person must bring the proceeding by application in that proceeding.
Pt 6.2 (Applications in proceedings) applies to the application.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.