Court Procedures Rules
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.