3556Judicial review—application etc

3556 Judicial review—application etc (1) A statutory order of review or prerogative relief must be sought by way of judicial review by originating application. Note 1 See approved form 3.45 (Originating application—judicial review) AF2006-373. Note 2 Div 2.2.3 (Originating applications) contains provisions about the content applications, etc. The division applies, subject to this part (see r 22 (Application—ch 2)), to an application for a statutory order of review or prerogative relief. (2) The application must state— (a) if the grounds of the application include an allegation of fraud or bad faith—particulars of the fraud or bad faith on which the plaintiff relies; and (b) if the application is an application for prerogative relief and the grounds of the application include an allegation of a mistake or omission in an order or proceeding—particulars of the mistake or omission on which the plaintiff relies; and (c) if the application is for a quo warranto order in relation to a person’s office—particulars of the objection to the person’s entitlement to act in the office. Note Rule 60 (3) (Originating application—content etc) provides that the originating application must state specifically the orders or other relief sought in the proceeding. Rule 3556 (3) A person may apply for prerogative relief if the person’s interests are, or would be, adversely affected in or by the matter to which the (4) A person must be included as a defendant to the application if— (a) the application relates to a decision made by an entity authorised to make the decision, and the person— and application or is interested in maintaining the decision; or (b) for a statutory order of review—the application relates to conduct engaged in, or proposed to be engaged in, by an entity for the purpose of making a decision to which the Judicial Review Act applies, and the person— and application or is interested in maintaining the decision; or (c) for a statutory order of review—the application relates to a failure by an entity to make a decision to which the Judicial Review Act applies, and the person— and Note For an application for a statutory order of review, the Judicial Review Act, s 12 (Application to be made a party to a proceeding) provides that a person interested in a decision, conduct or failure in relation to which an application has been made to the Supreme Court under that Act may apply to the Supreme Court to be made a party to the application. Rule 3557 (5) If the application relates to an order of a judicial officer of a court or member of a tribunal, the application must name as defendant the court or tribunal and not the judicial officer or member personally. (6) The application must be accompanied by a supporting affidavit. (7) The supporting affidavit must contain— (a) the grounds relied on in support of the relief sought; and (b) the facts relied on. (8) If subrule (2) (b) applies, but has not been complied with, a ground mentioned in the subrule must not be relied on. (9) If subrule (2) (c) applies, but has not been complied with, a ground mentioned in the subrule must not be relied on without the court’s