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Applications
How to lodge your application with the Court.
During your proceeding there may be situations where you need to make a general application which can be filed with the court to apply for any aspect of your civil proceeding. An application of this type can be used, for example, to apply for an adjournment, to extend the validity of a complaint, or to file documents outside the usual filing time limits.
Applications are made by filing a Form 46A Summons at the same court venue where the original complaint was filed. Applications are heard before a magistrate in open court.
At the time you file the application with the court, it should have an Affidavit in Support attached. The Affidavit in Support must be sworn before an authorised person (see lists of persons authorised to receive affidavits on page 38. This includes a registrar of the Magistrates’ Court).
The Application must have a copy of the complaint and the defence documents (known as “pleadings”) attached, if you are in possession of these documents.
The case number of the proceedings must be clearly written in the top right hand corner of your Form 46A Summons and the Affidavit in Support.
When you attend the court to file your application, you should bring at least two copies. The court will retain the original, and you are required to serve a copy on the other party. It is advised that a third copy be retained for your own records.
Upon receipt of payment of the filing fee (court staff can advise you of the fee, or refer to the Costs and Fees ready Reckoner in the panel to right right) your application will be booked in to be heard by a Magistrate approximately 14 days later, at 9:30am. If your application is of an urgent nature the case can be listed earlier.
Service
You are required to serve a copy of your Form 46A Summons and the Affidavit in Support on the other party by 2pm on the day prior to the hearing date set down by the registrar. The documentation must be served either personally or by post to that party’s address for service. The registrar can confirm this address if you are in any doubt.
The affidavit of service must be sworn before an authorised person and filed with the Registrar prior to the hearing date.
Hearing
On the date specified on the Form 46A Summons, you will be required to attend court before a magistrate for the hearing of your application. This hearing will only deal with the matters you have raised in your application. The full details of the case will not be considered by the court at this stage.