60Originating application—content etc

60 Originating application—content etc (1) Subject to division 2.4.6 (Representation—trustees and personal representatives), an originating application must name as defendants everyone directly affected by the relief sought in the application. Note See approved form 2.7 (Originating application) AF2006-252. (2) Subrule (1) does not apply if— (a) a territory law allows the hearing of the originating application without it being served on anyone; or (b) the relief sought in the application is a declaration of right. (3) The originating application must state specifically the orders or other relief sought in the proceeding. (4) The originating application must list the affidavits to be relied on by the plaintiff (the supporting affidavits). (5) The court may order the plaintiff to an originating application to file supporting affidavits for the application. (6) An originating application filed in the Magistrates Court, or the supporting affidavits, must show that the court has jurisdiction to decide the application. (7) An originating application must state— (a) whether the plaintiff is represented by a solicitor; and (b) if the plaintiff is represented by a solicitor—the name of the (c) the plaintiff’s address for service; and Rule 60 (d) if the plaintiff is suing in a representative capacity—the representative capacity in which the plaintiff is suing; and (e) if the defendant is being sued in a representative capacity—the representative capacity in which the defendant is being sued. (8) If an originating application is made under a statute, the application must state the name and provision of the statute under which the application is made. (9) The originating application, and any copies of the application for service, must state a return date for the application unless a territory law requires that a return date not be set for the application. Note 1 Return date for an application is defined in the dictionary. Note 2 Some provisions of these rules require that a return date not be set for an application under the rule unless the court otherwise orders. See the following provisions: • r 3005 (6) (Grant of representation—application) • r 3020 (4) (Reseal of foreign grant—application) • r 3454 (4) (Foreign confiscation orders—proceedings for • r 3463 (4) (Interstate confiscation orders—proceedings for • r 3473 (4) (Foreign judgment—application for registration). Originating applications Division 2.2.3 Rule 61