Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) An application in a proceeding must identify the person making the application—
(a) if the person is already a party to the proceeding—as the party (for example, as plaintiff or defendant); or
(b) if the person is not yet a party to the proceeding—as the applicant.
Note See approved form 6.2 (Application in proceeding) AF2010-103
.
(2) An application in a proceeding must name as a person against whom relief is sought anyone whose interests may be affected by the granting of the relief.
(3) An application in a proceeding must identify each person against whom relief is sought—
(a) if the person is already a party to the proceeding—as the party (for example, as plaintiff or defendant); or
(b) if the person is not yet a party to the proceeding—as the respondent.
(4) If the person making the application is not already an active party, the application must state an address for service for the person.
Note Address for service is defined in the dictionary.
(5) The application—
(a) may be supported by—
(i) an affidavit setting out the facts relied on; or
(ii) a schedule of correspondence; or
(iii) anything else properly filed in support of the application; and
(b) must be supported by anything required by these rules to be filed in the court in support of the application; and
(c) must be accompanied by anything required by these rules to accompany the application.
(6) If the court considers that the supporting material (if any) is insufficient to support the application, it may—
(a) adjourn the hearing of the application; and
(b) make any other orders it considers appropriate, including an order that supporting material or further supporting material be prepared.
(7) If the court orders that supporting material or further supporting material be prepared, the material must be filed in the court and served at least 2 days before the return date for the application.
Note See example to r 6008 (1).