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r 1.15

Procedure wanting or in doubt

In force
Part 4Miscellaneous

1.15 Procedure wanting or in doubt

(1)

If the manner or form of the procedure—

(a)

for commencing, or for taking any step, in a proceeding; or

(b)

by which the jurisdiction, power or authority of the Court is exercisable—

is not prescribed by these Rules or by or under any Act, or for any other reason there is doubt as to the manner or form of that procedure, the Court must determine what procedure is to be adopted and may give directions.

(2)

An act done in accordance with a determination or direction under paragraph (1) is regular and sufficient.

(3)

An application for directions with respect to the commencement of a proceeding must be made by complaint in which no person is named as defendant and an application for directions with respect to a proceeding already commenced must be made by application in the proceeding.

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