sec.73Application in proceeding

sec.73 Application in proceeding

Subject to rule 74 or unless an Act or another rule states otherwise, if a person makes an application in a proceeding, the application must— be in the approved form; and be filed in the court; and be served on each party to the proceeding; and state the decision the applicant is seeking from the court; and identify the proceeding, including by reference to the name of the parties and the file number for the proceeding. However, if an application is in a child protection proceeding and is made by a person who is not a party to the proceeding— the person is not required to serve the application on each party to the proceeding; and the registrar must give written notice to the litigation director of the application; and the litigation director must serve the document on the other parties to the application. Without limiting subrule (1) , the court may issue directions about how an application made under subrule (1) is to be heard and decided, including— directing the parties to the application to file material by a particular day; and directing that the application be decided with or without a hearing. If the court directs that the application is to be decided with a hearing, the registrar must notify the applicant of the day and time of the hearing. (sec.73-ssec.1) Subject to rule 74 or unless an Act or another rule states otherwise, if a person makes an application in a proceeding, the application must— be in the approved form; and be filed in the court; and be served on each party to the proceeding; and state the decision the applicant is seeking from the court; and identify the proceeding, including by reference to the name of the parties and the file number for the proceeding. (sec.73-ssec.2) However, if an application is in a child protection proceeding and is made by a person who is not a party to the proceeding— the person is not required to serve the application on each party to the proceeding; and the registrar must give written notice to the litigation director of the application; and the litigation director must serve the document on the other parties to the application. (sec.73-ssec.3) Without limiting subrule (1) , the court may issue directions about how an application made under subrule (1) is to be heard and decided, including— directing the parties to the application to file material by a particular day; and directing that the application be decided with or without a hearing. (sec.73-ssec.4) If the court directs that the application is to be decided with a hearing, the registrar must notify the applicant of the day and time of the hearing.

• (a) be in the approved form; and
• (b) be filed in the court; and
• (c) be served on each party to the proceeding; and
• (d) state the decision the applicant is seeking from the court; and
• (e) identify the proceeding, including by reference to the name of the parties and the file number for the proceeding.