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34When originating application must be used
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34 When originating application must be used
(1) A proceeding must be started by originating application if a territory
law requires the proceeding to be started by originating application.
Note 2 For cases in which an originating application is required under these
rules, see the following provisions:
• r 6 (4) (Dispensing with rules)
• r 30 (6) (Who may start and carry on a proceeding)
• r 211 (4) (Including parties—common issues of law or fact)
• r 280 (10) (Litigation guardian—appointment and removal by court)
• r 282 (2) (Person with legal disability—approval of settlement etc)
• r 650 (2) (Discovery to identify potential defendant)
• r 651 (2) (Discovery to identify right to claim relief)
• r 706 (4) (Urgent orders before start of proceeding)
• r 728 (1) (Div 2.9.4 order—procedure)
• r 2600 (3) (Interpleader—application by stakeholder)
• r 2746 (3) (Estate and trust accounts—order requiring examination
and passing of accounts)
• r 3005 (1) (Grant of representation—application)
• r 3020 (1) (Reseal of foreign grant—application)
• r 3069 (3) (Caveat—setting aside)
• r 3080 (3) (Revocation of grant—urgent order before start of
proceeding)
Rule 35
• r 3092 (1) (Division 3.1.9 proceeding—starting)
• r 3114 (3) (Failure of executor to prove will—Administration and
Probate Act)
• r 3115 (3) (Failure by executor, administrator or trustee to comply
with beneficiary’s request etc)
• r 3303 (2) (Cross-vesting—application for transfer or removal of
• r 3454 (1) (Foreign confiscation orders—proceedings for
• r 3463 (1) (Interstate confiscation orders—proceedings for
• r 3473 (1) (Foreign judgment—application for registration)
• r 3252 (Commercial arbitration—application)
• r 3504 (1) (Habeas corpus—application and service)
• r 3556 (1) (Judicial review—application)
• r 3608 (1) (Admission—application for admission).
Note 3 See also r 3353 (Election application etc originating application).
(2) A proceeding must also be started by originating application if—
(b) the law does not state the kind of originating process to be used.