Uniform Civil Procedure Rules 1999

An application to the court for a declaration or order under part 4 of the Act must be made in the approved form.

On the filing of an application under subrule (1), the applicant must file an affidavit containing—

the applicant’s name and description; and

details of the relief sought and the grounds on which it is sought; and

the facts relied on.

On the filing of an application under subrule (1), the registrar must set a time, date and place for a directions hearing before the court, at least 14, and not more than 21, days after the filing of the application, unless the time is shortened by the court.

The applicant must serve the application and the affidavit mentioned in subrule (2) on the respondent at least 7 days before the directions hearing, unless the time for service is shortened by the court.

At a directions hearing, the court may make the orders and give the directions for the conduct of the proceeding as it considers appropriate, including any of the orders and directions in rule 573 appropriate to the proceeding.

Rules 574 and 579 apply, with necessary changes, to an application made to the court under subrule (1).