Notice of Appearance (Form 39)

Under rule 29C of the Magistrates Court (Civil Division) Rules 1998 (Tas), a person served with an originating application who wants to take part in the proceeding must, within the period stated on the application, file a notice of appearance in a registry and serve it on all other parties. The notice must be in the approved form (r 29C(2)), which is Form 39, and the period for entering an appearance is 7 days after service (r 29C(4)). Unless the Court or a magistrate orders otherwise, a party to an originating application that requires an appearance is not to be heard on the application until they have entered an appearance (r 29C(3)). Form 39 belongs to originating applications (Form 37). It is not the response to a claim: a defendant to a claim (Form 1) files a defence within 21 days instead (r 48).

When you need it

• You have been served with an Originating Application Intended to be Served (Form 37) that includes a 'Notice to person served', and you want to take part.
• You want to be heard at the hearing or mention listed on the application (r 29C(3)).
• You are a respondent, third party or other person served with the application and the Rules require an appearance.

1. 1

   Heading

   Copy the court registry, its address, the action number and the applicant's name exactly as they appear on the originating application you were served with.

2. 2

   Respondent details

   Give the full names and addresses of the respondents (the registered office for a corporation) and the name, address, phone, fax and DX of any solicitors acting for them.

3. 3

   Who is appearing

   Complete the statement by inserting the name of the party or person filing the appearance and their role, such as respondent or third party.

4. 4

   Sign and date

   The form says the respondent or their solicitor must sign and date each page.

5. 5

   Filing footer

   Show who filed the notice and the address for service of documents, with phone, fax, DX, contact name and email. Documents in the proceeding can then be served on you at that address.

• File the notice at a registry of the Magistrates Court within 7 days after the originating application was served on you (r 29C(1), (4)). Form 37 lists the registries at Liverpool Street Hobart, Charles Street Launceston, Alexander Street Burnie and Griffith Street Devonport.
• Serve the notice on all other parties (r 29C(1)(b)). The notice printed on Form 37 asks you to serve a sealed copy on the applicant at the applicant's address for service and says this can be done by prepaid post.
• For documents other than an originating process, rule 40(3) also allows service by ordinary prepaid post to the address for service, by document exchange, EDX, or fax in business hours. A posted document is taken to be served 2 business days after posting (r 41(1)(c)).
• Service is proved by affidavit (r 43), so keep a record of when and how you served the notice.
• Check the court's fees page or ask the registry whether a fee applies.

• If you do not file and serve an appearance in time, or do not attend the hearing, the notice on Form 37 warns that orders may be made without further notice to you.
• The Court can extend a time limit fixed by the Rules (r 37). If the 7 days have passed, raise it with the registry promptly rather than doing nothing.
• Give an address for service you actually check. Later documents in the proceeding can be posted to it.