Applications - O46

Question 1

Order 46 applies to …

Answer 1

• O46 applies to an interlocutory or other application in a proceeding (ie not the trial itself).

Question 2

How is an application made under O46?

Answer 2

• By summons in Form 46A.
• Summons should be filed with the Prothonotary (or Associate where to AsJ)
• Then once get sealed copies, need to serve a sealed copy of affidavit and any affidavit in support on every person to whom notice is to be given.
• The summons must state a day for hearing – the day stated must be a reasonable time in advance of the expected day of service of the summons in order to give the other party a proper opportunity to attend court prepared to respond to the application.
  Amendment?
• A summons which has not been served can be amended on or before the day for hearing named in the summons to name another day.
• Will be amended by Associate/Prothonotary depending on who application is to.

Question 3

What is the procedure in practice court?

Answer 3

• On hearing application, practitioners are required, to hand up to the judge minutes of any proposed orders; and
• In any opposed application to hand up a brief outline of submissions.