• PART 8 PART 8 — General Rules About Applications For Court Orders

    • 64. Application notices

      (1) Unless a rule or practice direction permits otherwise, or the Court otherwise directs, a party who wishes to apply to the Court for orders must file an application notice together with any witness statement evidence in support and a draft of the order which the applicant is seeking from the Court. The application notice must include any matters that may be set out in a practice direction.
      (2) Where an application must be made within a specified time, it is so made if the application notice is received by the Court within that time.
      (3) An application for an interim remedy may be made by a person who intends to file a claim only if the matter is urgent. A person who wishes to apply to the Court for an interim remedy prior to a claim being filed must file an application notice together with any witness statement evidence in support and a draft of the order which the applicant is seeking from the Court. The application notice must also include any matters that may be set out in a practice direction.
      (4) A person making an application under paragraph (3) must give an undertaking to the Court at the time of filing the application notice to the effect that the applicant will file a claim within 2 days after the application notice is filed, unless the Court orders otherwise.
      (5) Application notices, the witness statement evidence in support and the draft order must be served by the applicant on each respondent:
      (a) as soon as practicable after it is filed; and
      (b) except where another time limit is specified in these Rules or a relevant practice direction, and where the Court previously has set a hearing date for the application, at least 3 days before the hearing.
      (6) An application may be made without notice if this is permitted by a rule, a practice direction or is with the Court's permission. The Court's permission will be granted only where:
      (a) there is exceptional urgency;
      (b) it is otherwise desirable to do so in the interests of justice; or
      (c) there are good reasons for making the application without notice, for example, because the notice would or might defeat the object of the application.
      (7) This Rule does not require witness statement evidence to be filed if such al have been filed, nor to be re-served on a party upon whom such al have been served.
      (8) The Court may make directions as it considers appropriate in relation to any application that is filed, including in relation to its hearing.
      (9) Practice directions may set out the steps to be taken or evidence to be filed by persons or parties in relation to applications.
      Amended on December 11, 2017

    • 65. Service of application where application made without notice

      (1) Where the Court makes an order, whether granting or dismissing an application, a copy of the application notice and any witness statement evidence in support must, unless the Court orders otherwise, be served with the order on any party or other person against whom the order was made and against whom the order was sought.
      (2) On all applications made without notice, the applicant and those representing him must make full disclosure of any matter which, if the respondent was represented, the respondent would wish the Court to be aware of, including any possible defences that may be available to the respondent.
      (3) The order must contain a statement of the right to make an application to set aside or vary the order under paragraph (4).
      (4) A person who was not served with a copy of the application notice before an order was made may apply to have the order set aside or varied.
      (5) This Rule does not apply to an application for default judgment or an order made in relation to an application for default judgment.
      Amended on December 11, 2017
      Amended on February 15, 2021

    • 66. Applications to be disposed of without a hearing

      (1) The Court may deal with an application without a hearing if the parties agree as to the terms of the order or agree that the Court should dispose of the application without a hearing; or if the Court does not consider that a hearing would be appropriate.
      (2) Where the applicant or any respondent fails to attend the hearing of an application, the Court may proceed in his absence.

    • 67. Dismissal of totally without merit application

      If the Court dismisses an application (including an application for permission to appeal or for permission to apply for judicial review) and it considers that the application is without merit, the Court's order must record that fact.

      Amended on December 11, 2017