Reissued Practice Note SC EQ 7 - Probate and Family Provision List

On 13 June 2024, the Chief Justice reissued Practice Note SC EQ 07 – Probate and Family Provision List, with a commencement date of 17 June 2024.

The revised Practice Note updates the practice that will apply to probate and family provision matters, salient features of this include:

These matters will be managed and heard in a list to be known as the Probate and Family Provision List (“the List”)
These matters will be managed by a Probate and Family Provision List Judge with the assistance of the Registrar in Probate.
Probate proceedings will be managed by the Registrar in Probate in a List on Tuesdays.
Family Provision applications will be managed by the Registrar in Probate in a List on Thursdays.
A judge will ordinarily be available on both days to whom the Registrar may refer matters. In addition, a judge will ordinarily be available for the Registrar to refer matters to on Fridays.
The List for Tuesdays will close at 12 noon on the preceding Friday. The List for Thursdays will close at 12 noon on the preceding Tuesday. Consent orders for each List must be emailed to the Registrar in Probate prior to the closing of the relevant List.
Unless the Registrar in Probate is unavailable, all urgent applications must, in the first instance, be referred to the Registrar in Probate who may refer the matter to a judge. In circumstances where the Registrar in Probate is unavailable, the Duty Judge may be approached.

Mediation in matters in the List will be Court annexed unless the parties consent or the Court otherwise expressly orders.
Court annexed mediations will be listed on the presumption of a half-day estimate unless there are factors warranting a longer estimate. Parties are expected to personally attend the mediation absent exceptional circumstances.

You can download printable versions of the Practice Note from the links below:

17 Jun 2024