Commencement of private actions
47 Commencement of private actions
If a person other than a police officer or public officer is authorised to commence application proceedings against a person, the person may commence the proceedings by issuing an application notice, signed by a registrar, and filing the notice in accordance with this Division.
A registrar must not sign an application notice if—
the registrar is of the opinion that the notice does not disclose grounds for the proceedings, or
the registrar is of the opinion that the notice is not in the appropriate form, or
the registrar is of the opinion that a ground for refusal set out in the rules applies to the notice.
If a registrar refuses to sign an application notice proposed to be issued by any such person, the question of whether the application notice is to be signed and issued is to be determined by the Court on application by the person.
An application under subsection (3) is not required to be signed by a registrar.
This Act’s bill:Explanatory memorandumSecond reading speech
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