Originating application intended to be served (Rule 118(1)) (Form 3)

Rules 89 and 90 of the Supreme Court Rules 2000 (Tas) list the proceedings that start by application to the Court or to a judge in chambers rather than by writ, such as questions of construction of a will or deed, trust and estate matters, extensions of time and many statutory applications. Rule 118(1) requires an originating application to be in the prescribed form, and Form 3 is the form for one that is intended to be served. The application is commenced when it is filed and sealed (r 119). It carries a notice of hearing and, where the rules require an appearance, a notice telling the person served how to appear.

When you need it

• Your proceeding is one that rule 89 or 90 says starts by application, and there is a respondent or other person who must be served.
• Use Form 4 if the application requires an appearance and will be served outside Tasmania, and Form 5 if it is not intended to be served.
• Use a writ (Form 2) for the rule 88 claims, such as debts and damages.

1. 1

   Heading

   Delete the registries that do not apply. In a proceeding that is not between parties, head it "In the Matter of" the statute and section, and "In the Matter of" a short description of the estate, will, deed or instrument (r 97(5)). Between parties, name the applicant and respondent (r 97(4)).

2. 2

   Respondents

   Insert the name and address of each respondent, or state that the address is not known (r 100).

3. 3

   Orders sought

   Give the applicant's name and address, with any capacity they apply in, and list the orders sought or the questions to be determined. An application for attachment or to strike off a practitioner must state the grounds in general terms (r 120(1)).

4. 4

   Signature and address for service

   Sign as the practitioner for the applicant or the applicant in person and give the address for service (r 101, r 128). Complete the "Filed by" footer (r 79).

5. 5

   Notice of hearing and notice to person served

   The registry completes the notice of hearing. Insert the number of days for appearance in the notice to person served (7 days within Tasmania, r 98). Omit or strike out that notice where the rules do not require an appearance, as the note on the form says (r 154(2) lists examples).

• Lodge the application at a registry, by prepaid post or by approved email (r 83, r 87A). A filing fee applies on commencing a proceeding; check the court's filing fees page.
• Serve it personally (r 133). If it requires an appearance and is served in Tasmania, serve it at least 9 clear days before the hearing date; if not, at least 2 clear days before (r 123(1)-(2)).
• Serve a copy of any affidavit you will rely on with an application for attachment or strike-off (r 120(2)), and endorse on or serve with the application notice of any intention to call oral evidence (r 121).
• If service is not made in time, the registrar can endorse a new hearing time, date and place on the application and copies (r 124).

• A party who must appear is not heard on the application until they have entered an appearance, unless the Court orders otherwise (r 125).
• If you start the wrong way, the Court can order the proceeding to continue as an action or as an application (r 95), but choosing the right process saves time and costs.