Court Procedures Rules 2006

Subject to division 2.4.6 (Representation—trustees and personal representatives), an originating application must name as defendants everyone directly affected by the relief sought in the application.

See approved form 2.7 (Originating application) AF2026-14.

Subrule (1) does not apply if—

a territory law allows the hearing of the originating application without it being served on anyone; or

A territory law includes these rules (see Legislation Act, s 98).

the relief sought in the application is a declaration of right.

The originating application must state specifically the orders or other relief sought in the proceeding.

The originating application must list the affidavits to be relied on by the plaintiff (the supporting affidavits).

The court may order the plaintiff to an originating application to file supporting affidavits for the application.

An originating application filed in the Magistrates Court, or the supporting affidavits, must show that the court has jurisdiction to decide the application.

The Magistrates Court Act 1930, pt 4.2 (Civil jurisdiction) deals with the civil jurisdiction of the Magistrates Court under that Act.

An originating application must state—

whether the plaintiff is represented by a solicitor; and

if the plaintiff is represented by a solicitor—the name of the solicitor; and

the plaintiff’s address for service; and

if the plaintiff is suing in a representative capacity—the representative capacity in which the plaintiff is suing; and

if the defendant is being sued in a representative capacity—the representative capacity in which the defendant is being sued.

Address for service is defined in the dictionary.

If an originating application is made under a statute, the application must state the name and provision of the statute under which the application is made.

The originating application, and any copies of the application for service, must state a return date for the application unless a territory law requires that a return date not be set for the application.

Return date for an application is defined in the dictionary.

Some provisions of these rules require that a return date not be set for an application under the rule unless the court otherwise orders. See the following provisions: