Division 3 — Applications and practice
Manner of making applications, etc.
11.—(1)  The following applications must be made by originating application:
(a)an application for an interim order under section 276 of the Act;
(b)a bankruptcy application under section 307 or 308 of the Act;
(c)an application for an order for the administration of the estate of a deceased debtor under section 419 of the Act;
(d)unless otherwise provided in Part 3 or Parts 13 to 22 of the Act or these Rules, any other application under Part 3 or Parts 13 to 22 of the Act, these Rules or the regulations by which proceedings are commenced in Court.
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(2)  Every application other than one mentioned in paragraph (1) must be made by summons unless otherwise provided in Part 3 or Parts 13 to 22 of the Act or these Rules.
(3)  Unless otherwise provided in Part 3 or Parts 13 to 22 of the Act, these Rules or the regulations or otherwise directed by the Court, every application must be supported by affidavit.
(4)  Every affidavit filed in accordance with paragraph (3) is prima facie evidence of the statements in the affidavit.
Issue of originating process and process to be sealed
12.—(1)  Every originating application or summons must be prepared by the person making the application or the person’s solicitor and issued from the office of the Registrar.
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(2)  Every order, summons, application, warrant and process of any kind (including a notice issued by the Court) in any matter to which these Rules relate must be sealed.
Duration and renewal of originating application for purpose of service
13.—(1)  Subject to the other provisions of these Rules, for the purpose of service, an originating application is valid in the first instance —
(a)where permission to serve the originating application out of jurisdiction is required — for 12 months starting on the date of its issue; or
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(b)in any other case — for 6 months starting on the date of its issue.
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(2)  Subject to paragraph (3), where an originating application has not been served on a party against whom the application in question is made, the Court may by order extend the validity of the originating application from time to time for any period (not exceeding 6 months at any one time) that the Court specifies in the order, starting on the day immediately following that on which the originating application would have expired (called the expiry date), if any application for extension is made to the Court before the expiry date.
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(3)  Where the Court is satisfied on an application under paragraph (2) that, despite the making of reasonable efforts, it may not be possible to serve an originating application within 6 months, the Court may, if it thinks fit, extend the validity of the originating application for any period (not exceeding 12 months at any one time) that the Court specifies in the order.
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(4)  Before an originating application, the validity of which has been extended under this rule, is served, it must be marked with an official stamp in Form PIR‑1 showing the period from which the validity of the originating application has been extended.
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Service of application
14.—(1)  Subject to any order to the contrary, every application (contained in an originating application or a summons) and every affidavit in support of the application (called in this rule the supporting affidavit) must be served upon every person against whom any order or other relief is sought.
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(2)  The Court may at any time —
(a)direct that service of an application and the supporting affidavit (if any) be effected on, or notice of proceedings be given to, any person who may be affected by the order or other relief sought; and
(b)direct the manner in which such service is to be effected or such notice is to be given.
(3)  Any person who is served or notified under paragraph (2) is entitled to be heard.
(4)  Any document referred to as an exhibit in a supporting affidavit must be made available for inspection by any person upon whom service of the affidavit is required.
(5)  Where any person other than the applicant is affected by an application, no order may be made except with the consent of that person, or upon proof that a copy each of the application and the supporting affidavit (if any) have been duly served upon that person.
(6)  Where the Court is satisfied that serious mischief may result from delay caused by proceeding in the ordinary way, the Court may make an order in the absence of any person other than the applicant upon such terms as to costs and otherwise, and subject to such undertaking (if any) as the Court thinks just.
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(7)  Any person affected by an order made in his or her absence may apply to set it aside.
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Personal service
15.—(1)  Personal service of an application or order of the Court or other document is effected by leaving with the person to be served —
(a)in the case of an originating process — a sealed copy; or
(b)in any other case — a copy of the application, order or other document.
(2)  Personal service of an application or order of the Court or other document may also be effected in such other manner as may be agreed between the person serving and the person to be served.
(3)  Personal service of an application or order of the Court or other document on a body corporate may be effected by serving it in accordance with paragraph (1) on the chairperson or president of the body corporate, or the secretary, treasurer or other similar officer of the body corporate.
(4)  The person effecting personal service must file in court within 3 days after service, or such further time as may be allowed by the Registrar, a copy of the document and an affidavit of service.
Length of notice
16.  Unless the Court gives permission to the contrary or otherwise provided in Part 3 or Parts 13 to 22 of the Act or these Rules, an application must be served on every person affected by the application at least 7 days before the date of the hearing of the application.
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Notice to be served on all proper parties
17.  If, on the hearing of an application, the Court is of the opinion that any person to whom notice has not been given ought to have notice, the Court may either dismiss the application, or adjourn the hearing upon any terms as the Court thinks fit, in order that notice may be given.
Adjournment
18.  The hearing of an application may be adjourned upon any terms as the Court thinks fit.
Court may give directions as to proceedings to be taken
19.  At the hearing of an originating application to which these Rules relate, the Court may by order give any direction as to the proceedings to be taken that the Court thinks fit, including directions for the publication of notices and the making of any inquiry.
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