Uniform Civil Procedure Rules 1999 - Form 5 by 0044W52

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									       SUPREME/DISTRICT/MAGISTRATESCOURT OF QUEENSLAND
                                                REGISTRY:
                                                 NUMBER:



Applicant:                                                 (Insert Name)
                                             AND
[First]Respondent:                                         (Insert Name)
                                             AND
[Second Respondent]:                                       (Insert Name)


                          ORIGINATING APPLICATION


To the respondents: TAKE NOTICE that the applicant is applying to the Court for
the following orders:

       1.      (Set out the orders sought in numbered paragraphs. Where an order is
sought under a rule or a particular section of an Act, state the rule number or the Act
and section relied on.)

#.     The respondent pay the applicant’s costs of the application or as the case may
be.

This application will be heard by the Court at place
on: date of hearing at 10 am or as the case may be

Filed in the place Registry on (date):


                                             Registrar: (registrar to sign and seal)

If you wish to oppose this application or to argue that any different order should be
made, you must appear before the Court in person or by your lawyer and you shall be
heard. If you do not appear at the hearing the orders sought may be made without
further notice to you. In addition you may before the day for hearing file a Notice of
Address for Service in this Registry. The Notice should be in Form 8 to the Uniform
Civil Procedure Rules. You must serve a copy of it at the applicant’s address for
service shown in this application as soon as possible.

On the hearing of the application the applicant intends to rely on the following
affidavits:
    1.      Affidavit of ABC sworn (date)
    2.      Affidavit of DEF to be sworn (or as the case may be)
ORIGINATING APPLICATION                     Name:
Filed on Behalf of the Applicants(s)        Address:
Form 5 Rule 26                              Phone No:
                                            Fax No:
If you intend on the hearing to rely on any affidavits they must be filed and served at
the applicant’s address for service prior to the hearing date.

If you object that these proceedings have not been commenced in the correct district
of the Court, you must apply to the Court for dismissal of the proceedings.i
[The applicant is suing in a representative capacity namely (insert details - see Rule
18)]

[The [first] respondent is sued in a representative capacity (insert details - see Rule
18)]

[The applicant relies on the cross-vesting laws in respect of each order sought (or as
the case may be: see Rule 53. This applies only in the Supreme Court)]

THE APPLICANT ESTIMATES THE HEARING SHOULD BE ALLOCATED
(Insert Time Estimate) Hours/Minutes

PARTICULARS OF THE APPLICANT:

Name:
Applicant’s residential or business address:
Applicant’s solicitors name:
         and firm name:


Solicitor’s business address:
Address for service:
Dx if any
Telephone:
Fax:
E-mail address if any


[If the applicant has no solicitor:
         applicant’s address for service:
         applicant’s telephone number or contact number:
         applicant’s fax number (if any):
         applicant’s e-mail address (if any)]

Signed:        (applicant or solicitor to sign)

Description:   (of signatory eg. solicitor)

Dated:         (insert date)
This application is to be served on:                 First respondent’s name
of:                                                  First respondent’s address

[and on:                                             (Second respondent’s name)
of:                                                  (Second respondent’s address)]

i.       This sentence may be omitted from a proceeding started in any central registry of the Supreme
Court.

								
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