UNIFORM CIVIL PROCEDURE RULES 2005 - REG 18.2 Requirement for notice

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 18.2

18.2 Requirement for notice

(cf SCR Part 19, rule 2; DCR Part 16, rule 2; LCR Part 15, rule 2)

(1) A person may not move the court to make any order unless notice of motion has been filed and served on each person affected by the proposed order.

(2) Despite subrule (1), a person may move the court to make an order without notice of motion having been filed or served on a person if--

(a) that person consents to the making of the order, or

(b) the preparation, filing or service of the notice would cause undue delay or other prejudice to the person by whom the order is sought, or

(c) the court dispenses with the requirement for such notice to be filed or served, or

(d) under these rules or the practice of the court, the motion may be made without the prior filing or service (as the case may be) of notice of motion.