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Rules of the Superior Courts
Amendment to: Order 3
S.I. No. 149 of 2010: Rules of the Superior Courts (Land and Conveyancing Law Reform Act 2009) 2010
1. Subject to paragraph 2, these Rules shall come into operation on the 10th day of May 2010.
2. Any application for registration of a lis pendens containing the particulars required by law before 1 December 2009 for such registration which is received after 1 December 2009 and prior to the date mentioned in paragraph 1 shall be deemed to comply with the requirements for registration of a lis pendens in accordance with section 121 of the Land and Conveyancing Law Reform Act 2009.
3. These Rules shall be construed together with the Rules of the Superior Courts 1986 to 2010 and may be cited as the Rules of the Superior Courts (Land and Conveyancing Law Reform Act 2009) 2010.
4. The Rules of the Superior Courts are amended:
(i) by the substitution for paragraph (3) of Order 3 of the following paragraph:
“(3) The payment into Court of any money in the hands of executors, administrators or trustees, or the payment into Court in respect of prior incumbrances by a mortgagee in accordance with the Land and Conveyancing Law Reform Act 2009, section 107(1)(a).”;
(ii) by the insertion immediately following paragraph (9) of Order 3 of the following paragraph:
“(9A) An order under the Land and Conveyancing Law Reform Act 2009, section 31, section 49(5), section 50(1), section 68, section 97(2), section 100(3) or both section 97(2) and section 100(3).”;
(iii) by the substitution for paragraphs (11) and (12) of Order 3 of the following paragraphs:
“(11) The appointment of a trustee (including a trustee mentioned in the Land and Conveyancing Law Reform Act 2009, section 19) or a new trustee with or without a vesting or other consequential order; or a vesting order or other order consequential on the appointment of a new trustee, whether the appointment is made by the Court or out of Court; or a vesting or other consequential order in any case where a judgement or order has been given or made for the sale, conveyance or transfer of any land or stock; or a vesting order under the Trustee Act 1893, section 39; or an order directing a person to convey.
(11A) An order to resolve a dispute mentioned in the Land and Conveyancing Law Reform Act 2009, section 22.
(11B) An order to approve an arrangement specified in an application under the Land and Conveyancing Law Reform Act 2009, section 24.
(12) The determination of any question under the Land and Conveyancing Law Reform Act 2009, section 55.”;
(iv) by the substitution for paragraph (15) of Order 3 of the following paragraphs:
“(15) Sale, delivery of possession by a mortgagor, or redemption; reconveyance, or delivery of possession by a mortgagee, otherwise than under the Land and Conveyancing Law Reform Act 2009.
(15A) An action by a mortgagor to which the Land and Conveyancing Law Reform Act 2009, section 94, applies.
(15B) An order on an application by a judgment mortgagee under the Land and Conveyancing Law Reform Act 2009, section 117.”;
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