3Originating process for proceedings

3 Originating process for proceedings

3.1 Originating process for proceedings

(1) The originating process for proceedings in the Commission must be in the approved form for the proceedings unless the Commission orders differently.

(2) The originating process must—

(a) state that the proceedings may be heard by the Commission, and

(b) state that the respondent is liable to have a decision or an order made against the respondent, unless the respondent or the respondent’s representative attends before the Commission at the time and place stated in the originating process, and

(c) state that the respondent must, before the attendance, file a notice of appearance, and

(d) give the address of the Registry as the place for attendance.

(3) The Commission, on the application of a respondent by notice of motion, may by order—

(a) set aside the originating process, or

(b) determine the Commission has no jurisdiction over the respondent in relation to the subject matter of the proceedings, or

(c) decline in its discretion to exercise its jurisdiction in the proceedings, or

(d) grant other relief the Commission considers appropriate.

(4) If a respondent files a notice of motion without entering a notice of appearance, the notice must—

(a) include the words “The respondent’s address for service is” and state the address, and

(b) be filed within the required time for entering an appearance.

(5) An application made under subrule (3) does not constitute a voluntary submission to jurisdiction.