Originating application between parties when early hearing required
7.15 Originating application between parties when early hearing required
(1) This rule applies if an Act, subordinate legislation or practice direction requires the Court, on the filing of an originating application between parties, to fix a date for the hearing of the proceedings.
The originating application:
must be in accordance with Form 7F; and
(b) must contain all the information referred to in rule 7.08(1)(a) to (g); and
may contain the information referred to in rule 7.08(2); and
may be accompanied by a supporting affidavit if required.
(3) A registrar must fix a date, time and place for the hearing and mark them on the application.
(4) Unless the Court orders otherwise, as soon as practicable after filing the originating application and not later than 2 days before the date fixed for the hearing, the applicant must serve personally on each respondent the following documents:
the originating application;
any supporting affidavit;
a notice of intention to appear, in accordance with Form 7D.
(5) As soon as practicable after being served with the originating application and before the hearing, each respondent:
(a) must file and serve on the applicant a notice of intention to appear, in accordance with Form 7D, that must contain the information referred to in rule 7.11(2) and may contain the information referred to in rule 7.11(3); and
(b) may file and serve on the applicant an affidavit in response to the facts, matters and circumstances specified in the originating application and any supporting affidavit.
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