UNIFORM CIVIL PROCEDURE RULES 2005 - REG 56.5 Preliminary hearing

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 56.5

56.5 Preliminary hearing

(cf SCR Part 73, rule 8)

(1) The plaintiff may, in the originating process, apply for a preliminary hearing and, if the plaintiff does so, the originating process must contain an appointment for a preliminary hearing.

(2) A party may obtain a preliminary hearing by filing a notice of motion.

(3) The party applying for a preliminary hearing must state shortly in the originating process or notice of motion the terms, or the effect, of any order or direction for which the party will apply at the preliminary hearing.

(4) A person other than a party may apply for a preliminary hearing by filing a notice of motion that seeks the approval of the Supreme Court as referred to in the regulations under the Adoption Act 2000 .

(5) The Supreme Court may grant such approval on perusal of the notice of motion and the evidence filed in support of the notice of motion before hearing the notice of motion and without affording any person other than the applicant an opportunity to be heard.