Commencing proceedings by originating application
7.07 Commencing proceedings by originating application
If a person commences proceedings in respect of which:
it is inappropriate to file a statement of claim; and
(b) no commencement procedure is otherwise prescribed by these Rules or by or under an Act,
the person must commence the proceedings by filing an originating application in accordance with this Division, together with a list of documents as specified in rule 16.02.
(2) An originating application is to be filed in the registry at a proper venue for the proceedings.
(3) When the office of the Court is closed, an originating application is to be taken to have been filed if:
(a) the applicant produces the originating application to a Judge or registrar;
the applicant gives to the Judge or registrar:
(i) an undertaking that the originating application will be filed in the office on the day the office is next open; and
any other undertaking the Judge or registrar requires; and
the Judge or registrar initials the originating application.
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