Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p39
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 39/43)
Character Range: 206221–208984

be filed:
 (i) for a party served with an originating application—before the return date; or
 (ii) for a party served with a notice of appeal—within 14 days after being served with the notice of appeal.
 (3) A party who has filed a submitting notice may apply to the Court for leave to withdraw the notice.
 (4) An application under subrule (3) must be accompanied by an affidavit stating:
 (a) why the party wants to withdraw the submitting notice; and
 (b) the party's intentions in relation to the further conduct of the proceeding.

Part 13—Jurisdiction—setting aside originating application

13.01  Setting aside originating application etc
 (1) A respondent may apply to the Court for an order:
 (a) setting aside an originating application; or
 (b) setting aside the service of an originating application on the respondent; or
 (c) declaring that an originating application has not been duly served on the respondent; or
 (d) discharging any order giving leave to serve an originating application outside Australia.
Note: Rule 10.43 deals with service of originating applications outside Australia with leave.
 (2) If an order under paragraph (1)(b) or (c) is sought, the application must be accompanied by an affidavit stating:
 (a) the date on which the originating application was served on the respondent; and
 (b) details of the service.
 (3) A respondent applying for an order under subrule (1) must file the interlocutory application and affidavit at the same time that the respondent files a notice of address for service.

Part 14—Interlocutory orders for preservation of rights and property

Division 14.1—Inspection of property

14.01  Order for inspection etc of property
 (1) A party may apply to the Court for an order:
 (a) for any of the following:
 (i) inspection of any property;
 (ii) taking a sample of any property;
 (iii) making an observation of any property;
 (iv) trying an experiment on or with any property;
 (v) observation of a process;
 (vi) copying, transcription or production of a document or other material, data or information (however stored or recorded); or
 (b) authorising a person to enter land, or do any other act or thing, for the purpose of gaining access to the property.
 (2) An application under subrule (1) must be accompanied by an affidavit stating the following:
 (a) the property to be inspected, sampled, observed or subject to experiment;
 (b) the process to be observed;
 (c) the document, material, data or information to be copied or transcribed;
 (d) why the order is necessary;
 (e) the access required for entry on to the land or for doing any other act or thing.
 (3) In this rule:
property includes land, a document or any other thing, whether or not the land, document or other thing is in