Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 81A.11

Applications generally

    (1)     Unless otherwise provided for in this Chapter, an application to the Court may be made orally.

    (2)     If a written application is required by this rule or this Chapter to be served:

        (a)     the form of the application is to be in accordance with Form 81A-A unless otherwise provided for in these Rules; and

        (b)     the application is to be served, sealed and filed, together with any supporting affidavit, not later than 2 days before the hearing of the application.

    (3)     If a written application is required by this rule or this Chapter but is not required to be served, the application is to be in accordance with Form 81A-B unless otherwise provided for in these Rules.

    (4)     A written application to the Court is required:

        (a)     for a review of a community work order under section 38 of the Sentencing Act 1995 ;

        (b)     to vary or cancel an order conditionally suspending a sentence under section 42 of the Sentencing Act 1995 ;

        (c)     for an order relating to a breach of an order suspending a sentence under section 43 of the Sentencing Act 1995 ;

        (d)     for a review of a home detention order under section 47 of the Sentencing Act 1995 ;

        (e)     for a review of an indefinite sentence under section 72 or 73 of the Sentencing Act 1995 ;

        (f)     to vary or cancel a hospital order under section 85 of the Sentencing Act 1995 or to discharge a hospital order and impose another sentence under section 20BU of the Crimes Act 1914 of the Commonwealth;

        (g)     for an order relating to a breach of a hospital order under section 86 of the Sentencing Act 1995 ;

        (h)     to discharge or vary the terms of a recognisance under section 20AA of the Crimes Act 1914 of the Commonwealth or to release a person from custody under section 20BC(7) of that Act;

        (j)     to reopen proceedings under section 112(3)(b) of the Sentencing Act 1995 ;

        (k)     for an order under an Act where the application is to be in writing but the form is not prescribed;

        (m)     in any case where the Chief Justice directs by practice direction; or

        (n)     in any other case where the Court directs.



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