Originating Application (Form 2)

Under rule 51.1 of the Uniform Civil Rules 2020 (SA), every civil proceeding is either a claim or an originating application. A claim is for a common law, equitable or analogous statutory cause of action (r 51.2); anything else is an originating application (r 51.3), and some chapters of the rules or specific forms require that route. Rule 82.1 requires an originating application to be started by filing an Originating Application in the prescribed form, and Form 2 is the default where no specific form is prescribed. Unless the rules say otherwise it must be accompanied by a supporting affidavit in Form 12 (r 82.1(2)). Originating applications usually proceed on affidavit evidence without pleadings or discovery and may be decided on the return date (note to r 51.1).

When you need it

• Your proceeding seeks a statutory or other remedy that is not a claim within rule 51.2, and no more specific originating application form applies.
• A provision of the rules or an Act requires the proceeding to be brought by originating application in the prescribed form without naming a specific form (r 82.1(1)).
• You need an extension of time to bring the proceeding (for example under section 48 of the Limitation of Actions Act 1936); the application must say so and give the statutory basis (r 82.1(3)).
• Note: different forms are prescribed for some applications, such as Form 7 for an ex parte originating application and Forms 3 to 6 for objections, reviews, administrative appeals and interpleader.

1. 1

   Complete the heading

   Delete all but the correct court, add minor civil or the list name if applicable, and list the parties. In the Magistrates Court, complete the application value panel (amount sought, court fee, service fee, solicitor's fee and total); r 82.1(7) requires the total application value to be stated.

2. 2

   Fill in the party panels

   Give the applicant's full name, capacity, law firm (if any) and address for service including email. Give each respondent's and interested party's full name and address, and mark the box if you want the sheriff to serve that party. Duplicate panels for multiple parties.

3. 3

   Complete the application details

   State the matter type, the nature of the application in one sentence, the Act and section relied on, and the orders sought in numbered paragraphs, including any monetary amount. Identify the supporting affidavit by the deponent's name and date sworn.

4. 4

   Extension of time, if needed

   Mark section 48 of the Limitation of Actions Act 1936 or state the other provision relied on. The grounds go in the supporting affidavit (r 82.2(1)(c)).

5. 5

   List the accompanying documents

   Tick the documents served with the application: the multilingual notice and supporting affidavit (both mandatory), and a notice to a party served interstate, in New Zealand or outside Australia where applicable (r 82.3(1)). The form's warning tells the other parties about the hearing and the 14-day time limit.

• File through the CourtSA portal, which allocates the case number and applies the court's seal (r 32.1). In the Magistrates Court you must identify the location where you ask for the matter to be heard, close to where the action arose or where the respondent lives (r 82.1(8)).
• File at the same time any pre-action documents served and any pre-action meeting report (r 82.2(2)).
• Serve the originating application documents on each respondent and interested party as soon as practicable (r 82.3(2)), by original service under Chapter 5 unless the court orders otherwise (r 82.4). If they are not served within 6 months, the court may dismiss the action (r 82.5).
• A respondent who wishes to oppose must file a Response (Form 56) within 14 days after service, and any responding affidavit within the same 14 days (rr 83.1, 83.2).
• A filing fee applies, and a fee is charged if the sheriff serves. Check the current fee schedule for the relevant court on the Courts Administration Authority fees page.

• Choose the right type of proceeding. If your case includes a claim as well as something that would otherwise be an originating application, the whole proceeding must be a claim (r 51.2(4)). The court can fix a proceeding started the wrong way, but that costs time (r 51.4).
• The supporting affidavit must contain evidence admissible at trial and set out the facts relied on (r 82.2(1)). Opinions, argument and attachments without explanation weaken it.
• A respondent cannot bring a cross application in an originating application; they must start a separate proceeding (note to r 83.1).