Starting proceeding—application
8.01 Starting proceeding—application
A person who wants to start a proceeding in the Court’s original jurisdiction must file an originating application, in accordance with Form 15.
An originating application must include:
the applicant’s name and address; and
the applicant’s address for service; and
if an applicant sues in a representative capacity—a statement of that fact.
The originating application must have the applicant’s address for service—see rule 11.01.
If an originating application states that the applicant is represented by a lawyer:
the lawyer must, if requested in writing by a respondent, declare in writing whether the lawyer filed the originating application; and
if the lawyer declares in writing that the lawyer did not file the originating application, the respondent may apply to the Court to stay the proceeding.
File is defined in the Dictionary as meaning file and serve.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.