Applications in a proceeding
31 Applications in a proceeding
A person making an application in a proceeding, or the person’s solicitor, must sign the application and file it.
The application must be in the approved form.
The application must name as respondent any party whose interests may be affected by the granting of the relief sought.
If an application is made by a person who is not a party to the proceedings, the application must have on it the information required under rule 17 to be on an originating process unless the information has already been provided on a document filed in the proceeding.
An application must be filed and then served on each respondent at least 2 business days before the day set for hearing the application.
Note—
Under the Acts Interpretation Act 1954, section 38(1)(a), the service day and the hearing day are excluded in the reckoning of time.
If all the parties to an application consent to an adjournment of a hearing of the application, they may adjourn the application by noting the adjournment on the court file.
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