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Court Procedures Rules
74Originating process—duration and renewal
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74 Originating process—duration and renewal
(1) An originating process is valid for service for 1 year starting on the
day it is filed in the court.
(2) The plaintiff may apply to the court to renew the originating process
if the process has not been served on the defendant.
Note Pt 6.2 (Applications in proceedings) applies to an application to renew
(3) If the court is satisfied that reasonable efforts have been made to serve
the defendant or that there is another good reason to renew the
originating process, the court may renew the process for a further
period, of not longer than 6 months at a time, starting on the day after
the day the process would otherwise end.
(4) The originating process may be renewed whether or not it is valid for
(5) Before an originating process renewed under this rule is served, it
must be stamped and show the period for which the process is
renewed.
(6) Despite subrule (1), for any time limit (including a limitation period),
an originating process that is renewed is taken to have started on the
day the process was filed in the court.
Rule 75
(7) Failing to serve an originating process within the time limited by
these rules does not prevent the plaintiff from starting a fresh
proceeding by filing another originating process.