Originating application requiring an appearance intended to be served out of state (Rule 118(1)) (Form 4)

An originating application must be in the prescribed form (r 118(1) Supreme Court Rules 2000 (Tas)). Form 4 is the version for an application that requires the respondent to enter an appearance and is to be served out of the State. The time to appear depends on where it is served: 21 days after service elsewhere in Australia, the time under the Trans-Tasman Proceedings Act for New Zealand, and the time under rule 147E for other places (r 99). Service in another Australian State is authorised by the Service and Execution of Process Act 1992 (Cth), which also sets a minimum of 21 days to appear (s 17).

When you need it

• Your proceeding starts by originating application under rule 89 or 90 and the respondent must enter an appearance.
• The respondent will be served outside Tasmania, whether interstate or overseas.
• For service within Tasmania use Form 3; if the application is not to be served, use Form 5.

1. 1

   Heading

   Delete the registries that do not apply. Add "In the Matter of" lines for the statute and the estate, deed or instrument if relevant, and name the applicant and respondent (r 97).

2. 2

   Respondents and orders

   Insert the name and address of each respondent (r 100), then the applicant's name, address and capacity, and the orders or questions to be determined.

3. 3

   Signature and address for service

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

4. 4

   Notice to person served

   Insert the number of days limited for appearance for the place of service: 21 days anywhere else in Australia (r 99(a)). For New Zealand or another country, check rule 99(b)-(c) and Division 10 of Part 7.

• Lodge the application at a registry, by prepaid post or by approved email (r 83, r 87A). A filing fee applies; check the court's filing fees page.
• Serve it the number of days before the hearing that is 2 days more than the appearance period for the place of service (r 123(3)).
• Interstate service: the Service and Execution of Process Act 1992 (Cth) s 15 allows service in another State, done the same way as in Tasmania for an individual. It is effective only if the prescribed notices are attached (s 16).
• Service outside Australia is governed by Division 10 of Part 7 and, for Hague Convention countries, Part 38A of the Rules.

• Leave enough time between filing and the hearing to allow for the longer appearance period plus the 2 extra days rule 123(3) requires.
• If respondents in different places need different appearance periods, ask for concurrent originating applications (r 102).