40Setting aside originating process etc

40 Setting aside originating process etc (1) The court may— (a) declare that a proceeding for which an originating process has been issued has not, for want of jurisdiction, been properly started; or (b) declare that an originating process has not been properly served; or (c) set aside an order for service of an originating process; or (d) set aside an order extending the period for service of an originating process; or (e) set aside an originating process; or (f) set aside service of an originating process; or (g) stay a proceeding; or (h) amend or set aside leave under rule 6503 (Service of originating process with leave); or (i) make an order protecting or releasing— (i) property seized, or threatened with seizure, in a (ii) property subject to an order restraining its disposal or in relation to which an order restraining its disposal is sought; or (j) make an order declining to exercise jurisdiction in a proceeding; or

Rule 50 (k) make any other order it considers appropriate. Note 2 Rule 6015 (Application in proceeding—application under r 40) provides that an application for an order under this rule must be filed within the time mentioned in r 102 (Notice of intention to respond or defence— filing and service) for filing a notice of intention to respond or, if no notice of intention to respond is filed, a defence. Note 3 The registrar may reject an originating process that is filed (see r 6140 (2) However, the court must not— (a) set aside a proceeding only because the proceeding was started by the incorrect originating process; or (b) set aside an originating process only because the incorrect originating process was used.