Originating application not intended to be served (Rule 118(1)) (Form 5)

Rule 118(1) of the Supreme Court Rules 2000 (Tas) requires an originating application to be in the prescribed form. Form 5 is the version for an application that is not intended to be served, for example an application in a proceeding that is not between parties and that the applicant brings alone. It is commenced when it is filed and sealed (r 119). If the Court or a judge later orders that it be served, the copy served must be endorsed with a notice in the prescribed form signed by the registrar (r 122), which is Form 6.

When you need it

• Your proceeding starts by originating application under rule 89 or 90 and there is no respondent to serve.
• If anyone must be served, use Form 3 (within Tasmania) or Form 4 (out of the State).

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 statutory provision and, if appropriate, "In the Matter of" a short description of the estate, will, deed or person concerned (r 97(5)).

2. 2

   Applicant and orders sought

   Give the applicant's name and address, stating any capacity, and specify the orders sought or the questions to be determined.

3. 3

   Signature and address for service

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

4. 4

   Notice of hearing

   Leave the notice of hearing for the registry, which fills in whether the hearing is in Court or in Chambers, the address, date and time.

• Lodge the application at a registry, by prepaid post or by approved email (r 83, r 87A), with any supporting affidavit. A filing fee applies; check the court's filing fees page.
• No service is needed unless the Court or a judge orders it. If it does, serve the copy endorsed with the Form 6 notice signed by the registrar (r 122).
• If you intend to call oral evidence at the hearing, endorse notice of that on the application (r 121).

• If you are unsure whether someone is affected and should be served, raise it at the first hearing. The Court can order service, and the Form 6 notice then tells that person how to take part.