35When originating application may be used

35 When originating application may be used (1) A proceeding may be started by originating application if— (a) the only or main issue in the proceeding is an issue of law and a substantial dispute of fact is unlikely; or (b) there is no opposing party to the proceeding or it is not intended to serve anyone with the originating process; or (c) there is not enough time to prepare an originating claim because of the urgent nature of the relief sought; or

Rule 35 (d) a territory law allows the proceeding to be started by originating Note 2 Rule 2501 (Contempt—applications generally) allows a contempt application to be made by originating application. (2) Without limiting subrule (1), a proceeding may be started by originating application if— (a) the only or main issue in the proceeding is the interpretation of legislation and a substantial dispute of fact is unlikely; or (b) the only or main issue in the proceeding is the interpretation of a deed, will, contract or other document and a substantial dispute of fact is unlikely; or (c) the relief sought is a declaration of right and there is no opposing party to the proceeding; or (d) for a question or matter in relation to the estate of a deceased person or a trust, without administration of the estate or trust— (i) the only or main issue in the proceeding is an issue of law and a substantial dispute of fact is unlikely; or (ii) there is no opposing party to the proceeding or it is not intended to serve anyone with the originating process. Examples for r (2) (d) 1 a question affecting the rights or interests of someone claiming to be a creditor, domestic partner or next of kin of the deceased person or beneficiary of the trust 2 finding out any class of creditors, next of kin or others 3 producing any particular accounts by the executors, administrators or trustees, and verifying the accounts (if necessary) 4 paying into court any amount held by the executors, administrators or trustees 5 directing the executors, administrators or trustees to do or not do something as executor, administrator or trustee

Rule 36 6 approving any sale, purchase, compromise or other transaction 7 deciding any question arising in the administration of the estate or trust (3) Also, a proceeding may be started by originating application if— (b) a particular kind of originating process (other than an originating claim or originating application) is required or allowed under a territory law.