Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p26
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 60149–62892

or a Justice.
21.09.4  An application for leave under rule 21.09.3 must:
 (a) be in Form 21; and
 (b) be served personally on the person against whom enforcement of the judgment or order is sought.

Part 22—Service

22.01  Service of originating documents
22.01.1  An application for a constitutional or other writ, or a writ of summons, must be served personally in accordance with Part 9.
22.01.2  An application for an order for removal shall be served by ordinary service in accordance with Part 9.
22.01.3  An election petition shall be served in accordance with Chapter 3.

22.02  Affidavit of service
  Within 7 days of the service of an originating document, the plaintiff or applicant must file an affidavit deposing to the time and manner of the service.

Part 23—Appearance

23.01  Appearance before taking a step
23.01.1  Except as provided by rule 23.03, or by leave of the Court or a Justice, a defendant shall not take any step in a proceeding unless that defendant has first filed an appearance.
23.01.2  A defendant may file an appearance by a solicitor or, if the defendant is a natural person, in person.
23.01.3  A notice of appearance must be in Form 7.

23.02  Submitting appearance
  A defendant willing to submit to any order that the Court may make, save as to costs, may file a submitting appearance in Form 8.

23.03  Conditional appearance
23.03.1  Where a defendant wishes to object to the jurisdiction, to the originating process, or to the service of the originating process, the defendant may file a conditional appearance.
23.03.2  A notice of conditional appearance shall be in Form 9.
23.03.3  A conditional appearance shall have effect for all purposes as an unconditional appearance, unless on application by the defendant the Court or a Justice otherwise orders.
23.03.4  An application under rule 23.03.3 must:
 (a) be in Form 21; and
 (b) be filed within 14 days after the day the conditional appearance is filed.

23.04  Service of notice of appearance
  On the day the defendant files a notice of appearance, a submitting appearance, or a conditional appearance, the defendant must serve a copy of the document on the plaintiff.

Part 24—Evidence

24.01  Evidence by affidavit
24.01.1  An affidavit shall be made in the first person.
24.01.2  Where a deponent makes an affidavit in a professional or other occupational capacity, the affidavit shall state the deponent's place of business, the position the deponent holds and the name of the deponent's firm or employer, if any.
24.01.3  Where rule 24.01.2 does not apply the affidavit shall state the deponent's place of residence, the deponent's occupation or description, and if the deponent is a party to the proceeding or employed by a party