Chamber applications

A chamber application is made to the court for an order in a civil proceeding.

For example, if you ask the other party to provide details about their pleadings and they refuse, you can make a chamber application to the court for an order that the party supply those details.

Some magistrates hear these applications in a courtroom, while others hear them in their chambers (office).

Types of chamber application include:

  • originating application
  • application not on notice
  • application on notice.

Starting the process

A chamber application consists of a Form 46 - Affidavit (UCPR) (DOC, 41KB) with either a:

The application is the order you want the magistrate to make and the affidavit outlines the reasons you want the magistrate to grant your application.

To start the process, file either a Form 9 or Form 5 and an affidavit with the registry.

Serving the other party

  • If you’ve filed an originating application, you must serve the other party personally.
  • If you’ve filed an application on notice, you must serve the application at least two business days before the application hearing.
  • If you’ve filed an application not on notice, you don’t need to serve it.

Any adult can serve an originating application on another party by handing the claim to them personally.

You can serve a company by posting the claim to their registered office address or serving a director of the company personally.

You can also serve chamber applications (applications within a proceeding) by mail.

If the other party doesn’t attend

Usually the magistrate will proceed and hear your application in the other party’s absence.

Ensure you have a completed affidavit of service so you can show the magistrate you’ve served the other party.

If the magistrate grants the application, file a Form 59 - Order (DOC, 28KB) and serve it on the other party.

Fees

A filing fee applies only to an originating application and includes the Appeal Cost Fund fee.

Time frame

As each registry is different, contact the registry where you propose to file your chamber application for the time frame.

Most courts will list a matter within three or four weeks, depending on the magistrate’s availability.