Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p2
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 2/43)
Character Range: 116667–119341

A statement of claim mentioned in this rule must be in accordance with Form 17.
 (4) An affidavit mentioned in subrule (2) must state the material facts on which the applicant relies that are necessary to give the respondent fair notice of the case to be made against the respondent at trial.
Note 1: For the content of a statement of claim, see Division 16.1.
Note 2: For the content of an alternative accompanying document, see rule 16.13.
 (5) This rule has effect subject to any other rule of the Court.
Note 1: For some special classes of proceedings, requirements for the documents that must accompany an originating application are found in Chapter 3.
Note 2: This rule does not apply to initiating process in proceedings under the Admiralty Act 1988—see the Admiralty Rules 1988.

8.06  Service of originating documents
  The applicant must, as soon as practicable and at least 5 days before the return date fixed in an originating application, serve a copy of the following personally on each respondent named in the originating application:
 (a) the originating application;
 (b) each other document required to accompany the application by rule 8.05 or any other rule of the Court.
Note 1: The Court may extend or shorten the time for service—see rule 1.39.
Note 2: Division 10.1 deals with personal service.
Note 3: Service should generally be effected as soon as practicable after filing (which may be immediately). This will provide time for steps required under practice notes issued by the Chief Justice to be undertaken before the return date.

8.07  Changing return date
 (1) If an originating application has not been served, a party may apply to a Registrar to change the return date fixed in the originating application.
 (1A) An application to change the return date may be made by sending, in accordance with rule 2.23, an amended originating application by electronic communication to a Registry for filing.
Note 1: If an application to change the return date is made in accordance with this subrule and a Registrar changes the return date, a Registrar will insert a notice of filing and hearing that shows the changed return date as the first page of the amended originating application (see rule 2.24).
Note 2: File is defined in the Dictionary as meaning file and serve.
 (2) If:
 (a) an application to change the return date is made otherwise than by sending an amended originating application by electronic communication to a Registry for filing; and
 (b) a Registrar changes the return date;
the applicant must change the return date endorsed on the copy of the application that is to be served.
 (3) This rule does not apply to a proceeding to