Application (Form 8)

Once a proceeding has started, the Court may on a party's application make any order it is empowered to make under the Magistrates Court (Civil Division) Act 1992 (Tas) or the Rules (r 70 of the Magistrates Court (Civil Division) Rules 1998). Unless the Court orders otherwise, an interlocutory application must be in the approved form, be accompanied by an affidavit in support, and be filed and served with that affidavit on all other parties (r 71(1)). Form 8 is that form. When it is filed, a registrar fixes the date, time and place of the hearing (r 71(2)). The lower part of the form is where the Magistrate or Registrar records the orders made; an order endorsed on the application has effect as a formal order (r 77(2)).

When you need it

• A defendant wants to set aside a default judgment. The court's civil disputes page says to file this application with a supporting affidavit.
• A party wants an order such as substituted service (r 42), an extension of time (r 37), summary judgment (r 115) or to vary a payment order (r 119A).
• A defendant objects to the Court's jurisdiction; that is done only by an application filed at the same time as the defence (r 49).

1. 1

   Heading

   Enter the court address, the action number and the parties as on the claim.

2. 2

   Who is applying

   Delete the options that do not apply (registrar, claimant, defendant) or specify the other applicant.

3. 3

   Hearing details

   The registrar fixes the hearing date, time and place on filing (r 71(2)). That is what goes in the hearing line.

4. 4

   Orders sought

   State exactly the orders you want, in numbered paragraphs if there are several. The Court can ask for a draft of the orders (r 70(2)).

5. 5

   Sign and give an address for service

   Sign and date it and complete the "Filed by" block. Leave the "Order(s) of the Court" panel blank; the Magistrate or Registrar fills it in.

• File the application with an affidavit explaining why you seek the orders (Form 27 can be used). A filing fee for an interlocutory application applies; check the current fee on the fees page.
• Serve the application and supporting affidavits on all other parties not less than 3 days before the hearing (r 72(1)), then prove service by affidavit (r 43).
• Attend the hearing. If a party is not there within 15 minutes, the Court may make orders in their absence (r 75); the form gives the same warning.
• Hearings are in open court unless ordered otherwise; you may appear by phone or video link only with leave (r 74(1)-(2)).

• Setting aside a default judgment needs an arguable case on the merits and a reasonable excuse (r 113(2)). The court's page says to explain the delay and set out your defence in detail in the affidavit.
• An interlocutory application can be adjourned no more than twice, and only to a fixed date (r 74(3)).
• If the parties agree on the orders, a consent order (Form 10) may avoid a hearing (r 78).