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Court Procedures Rules
6007Application in proceeding—contents
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6007 Application in proceeding—contents
(1) An application in a proceeding must identify the person making the
(a) if the person is already a party to the proceeding—as the party
(for example, as plaintiff or defendant); or
Rule 6007
(b) if the person is not yet a party to the proceeding—as the
Note See approved form 6.2 (Application in proceeding) AF2010-103.
(2) An application in a proceeding must name as a person against whom
relief is sought anyone whose interests may be affected by the
granting of the relief.
(3) An application in a proceeding must identify each person against
whom relief is sought—
(a) if the person is already a party to the proceeding—as the party
(for example, as plaintiff or defendant); or
(b) if the person is not yet a party to the proceeding—as the
(4) If the person making the application is not already an active party, the
application must state an address for service for the person.
(5) The application—
(a) may be supported by—
(i) an affidavit setting out the facts relied on; or
(ii) a schedule of correspondence; or
(iii) anything else properly filed in support of the application;
and
(b) must be supported by anything required by these rules to be filed
in the court in support of the application; and
(c) must be accompanied by anything required by these rules to
accompany the application.
Rule 6008
(6) If the court considers that the supporting material (if any) is
insufficient to support the application, it may—
(a) adjourn the hearing of the application; and
(b) make any other orders it considers appropriate, including an
order that supporting material or further supporting material be
prepared.
(7) If the court orders that supporting material or further supporting
material be prepared, the material must be filed in the court and
served at least 2 days before the return date for the application.
Note See example to r 6008 (1).