Originating Application - Notice of Objection (Form 3)

Rule 82.1(1) of the Uniform Civil Rules 2020 (SA) requires a proceeding by way of originating application to be instituted by filing an Originating Application in the prescribed form, and Form 3 is one of the forms the rule lists. Form 3 is laid out for a person (the objector) who objects to an order or other decision made under an Act: it identifies the order, the provision it was made under and its date, the parts objected to, the provision under which the objection is made, and the grounds. Unless the rules say otherwise, it must be accompanied by a supporting affidavit (r 82.1(2)) that sets out the facts relied on, including any facts relied on for an extension of time (r 82.2(1)). Some objections have their own forms: an objection under section 24 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 uses Form 58 (r 236.25), and an objection to notified mining operations under section 58A of the Mining Act 1971 uses Form 3C (r 265.1).

When you need it

• An Act gives you a right to object to an order or other decision and the objection is brought before the court as a new proceeding.
• You need an extension of time to lodge the objection. The application must say so and identify the statutory basis (r 82.1(3)).
• You want to ask for the objection to be decided on written submissions only.
• Check the rules first for a specific form, such as Form 58 or Form 3C, before using Form 3.

1. 1

   Complete the heading and party panels

   Delete all but the correct court and name the parties. Give the applicant's (objector's) address for service, email, phone and any law firm. For each respondent and interested party give their address and mark the box if you want sheriff service.

2. 2

   Identify what is objected to

   Describe the order or other subject of the objection, the Act and section it was made under and its date, then the order or the particular parts of it you object to.

3. 3

   State the provision and grounds

   Give the Act and section or other provision under which the objection is made, then set out the grounds of objection in detail in separate numbered paragraphs.

4. 4

   Add the optional sections if they apply

   If you need more time, set out why in numbered paragraphs. If you want the matter heard on written submissions only, give your reasons. Delete sections that do not apply.

5. 5

   List the accompanying documents

   Mark the multilingual notice and the supporting affidavit (both mandatory), and any notice for a party served interstate, in New Zealand or outside Australia.

• File the application with the supporting affidavit through CourtSA or at a registry. The court inserts the hearing date and time at the top of the document. A filing fee applies: check the fee schedule for the court.
• File copies of any pre-action documents and any pre-action meeting report at the same time (r 82.2(2)).
• Serve the Originating Application documents (the application, supporting affidavit, a Form 32 multilingual notice and any interstate, New Zealand or overseas notice) on each respondent and interested party as soon as practicable (r 82.3), by a method allowed by r 82.4.
• A respondent or interested party who wants to oppose must file and serve a Response (Form 56) within 14 days after service, and any responding affidavit within the same time (rr 83.1, 83.2).

• The statute that gives the right to object usually sets the time limit. Check it before filing and, if you are late, seek the extension in the application itself.
• Put the facts in the affidavit and the grounds in the application. The affidavit must be evidence admissible at trial (r 82.2(1)).
• A respondent cannot bring a cross application in an originating application proceeding; relief against another party needs a separate proceeding (note to r 83.1).