Common questions
Chamber Applications - Civil
Do I have to serve the other party with the application?
You need to serve the other party personally if you have filed an originating application.
If you have filed an application on notice then the application must be served at least two business days prior to the hearing of the application.
An application not on notice is not served.
Is there a filing fee?
A filing fee is only applicable to an originating application.
Do I need legal representation to make a claim?
No. However, if you are considering civil action you may wish to seek independent legal advice.
Can the other party have a lawyer?
Yes. Both the defendant and the plaintiff may choose to be legally represented.
Can the Magistrates Court staff help me?
Court staff can not:
- give litigants legal advice
- recommend what litigants should do in their case.
However, court staff can assist you with general procedural matters such as:
- filing court documents
- enquiries about the available application dates
- information about general court procedures and protocols.
How do I start the process?
As the applicant, you start the process by filing either a Form 9 – Application (UCPR) or a Form 5 - Originating Application (UCPR) along with a Form 46 - Affidavit with the court registry.
How do I serve the other party?
Any adult can serve an originating application on the other party by personally handing the claim to them.
For a company, you can serve the claim by posting it to their registered office address or by serving a director of the company personally.
Chamber applications (applications within a proceeding) can also be served by mail.
Where is a chamber application heard?
Some magistrates hear these applications in a court room while other magistrates will hear the application in their chambers (office).
How quickly is the application listed and heard?
Each registry is different so it is advisable to contact the registry where you propose to file your chamber application.
Most courts will list the matter within three or four weeks depending on the magistrate’s availability.
What happens if the other party doesn’t turn up?
Normally the magistrate will proceed and hear your application regardless of whether the other party is present.
Make sure you have an affidavit of service completed so you can show the magistrate you have served the other party.
What happens if the magistrate grants my application?
You must file a Form 59 – Order (UCPR) and serve it on the other party.
Last updated Monday, 26 May 2008 16:14
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