Setting aside originating application etc
13.01 Setting aside originating application etc
A respondent may apply to the Court for an order:
setting aside an originating application; or
setting aside the service of an originating application on the respondent; or
declaring that an originating application has not been duly served on the respondent; or
discharging any order giving leave to serve an originating application outside Australia.
Rule 10.43 deals with service of originating applications outside Australia with leave.
If an order under paragraph (1)(b) or (c) is sought, the application must be accompanied by an affidavit stating:
the date on which the originating application was served on the respondent; and
details of the service.
A respondent applying for an order under subrule (1) must file the interlocutory application and affidavit at the same time that the respondent files a notice of address for service.
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