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Court Procedures Rules
6015Application in proceeding—application under r 40
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6015 Application in proceeding—application under r 40 An application for an order under rule 40 (Setting aside originating process etc) in relation to an originating process must be filed within the time mentioned in rule 102 (Notice of intention to respond or defence—filing and service) for filing a notice of intention to respond to the originating process or, if the application is for an order in relation to an originating claim and no notice of intention to respond is filed, a defence.