Notice to be given to persons ordered to be served with notice of an application (Form 6)

Some originating applications are filed without any intention to serve them (Form 5). If the Court or a judge then orders that the application be served on someone, rule 122 of the Supreme Court Rules 2000 (Tas) requires the copy served to be endorsed with a notice in the prescribed form, signed by the registrar. Form 6 is that notice. It identifies the applicant, records that the Court has ordered the person be given notice, and explains the time for lodging a notice of appearance and the consequence of not doing so.

When you need it

• The Court or a judge has ordered that a person be served with an application that was not originally intended to be served.
• It goes with a copy of the application, which the notice says is annexed.

1. 1

   Heading

   Copy the registry, file number and party names from the application.

2. 2

   Person to be served

   Insert the name and address of the person the Court ordered to be served.

3. 3

   Applicant and order

   Insert the applicant's name, and whether the application was made to the Court or to a judge.

4. 4

   Days for appearance

   Insert the number of days for lodging a notice of appearance: 7 days for service in Tasmania (r 98) or 21 days elsewhere in Australia (r 99(a)), unless the order says otherwise.

5. 5

   Registrar's signature

   Leave the date and signature for the registrar, who must sign the notice (r 122).

• Take the completed notice and the copy of the application to the registry to be signed by the registrar.
• Serve the endorsed copy as the order directs. Originating process is served personally unless otherwise provided (r 133).
• Allow enough time before the hearing: rule 123 sets minimum periods for serving an originating application.

• Check the order itself for any directions about the manner or time of service, and follow them.
• Keep an affidavit of service stating who served the document, when, where and how (r 143).