Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 19.2

Notice of motion-Form 27
2. (1) Subject to sub-rule (2), a person shall not move the Court or a Judge
for any order unless before moving he has filed notice of the motion and has
served the notice on each interested party who has an address for service in
the proceeding.

(2) A person may move the Court or a Judge without previously filing or
serving notice of the motion-

   (a)  where the preparation of the notice, or the filing or service (as the
        case may be) of the notice would cause undue delay or other mischief
        to the applicant;

   (b)  where each party interested, other than the applicant, consents to the
        order;

   (c)  where under these Rules the motion may properly be made without the
        prior filing or service (as the case may be) of notice of the motion;
        or

   (d)  where the Court or a Judge dispenses with the requirements of sub-rule
        (1).

(3) Notice of a motion shall-

   (a)  state the date and time when, and the place where, the motion is to be
        made;

   (b)  where the Court or a Judge makes an order under rule 3, bear a note of
        the order made;

   (c)  state concisely the nature of the order which is sought; and

   (d)  name each party affected by the order which is sought.

(4) Costs need not be specifically claimed.



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