Applications to court

An application may be made to the court for an order in a civil proceeding. You can do this when you want to ask a court to make a decision (called a ‘court order’) about a specific issue in a civil matter.

Most of the time, these applications are made during an ongoing case to deal with problems that come up along the way.

For example, if the other party won’t share important information, you can ask the court to order them to provide it.

A magistrate or judge hears the application in a courtroom or their office (chambers) and decides whether to make the requested order.

Types of applications

There are three main types of applications:

Open all

Originating application

used to start a case where a certain outcome is sought
for straightforward matters, like clarifying an issue or reviewing a decision.

Application on notice

made during an ongoing case, with notice given to the other party
commonly used to, for example, request extensions or ask the other party to provide documents.

Application not on notice (also known as an ex parte application)

made without notifying the other party
can be used for urgent matters, such as freezing the other party’s assets.

How to apply

To make an application:

Complete the required forms
- Either:
  - Form 5 - Originating Application (DOC, 46.0 KB)—for starting a case
  - Form 9 - Application (UCPR) (DOC, 45.5 KB)—for orders in an ongoing case (on notice or not on notice).
- Form 46 - Affidavit (UCPR) (DOCX, 31.2 KB)—explaining your reasons for applying. This is commonly referred to as an ‘Affidavit of support”.
File the forms
File the completed form and affidavit at the court registry (in person, by post, or online if available).
Pay the filing fee (if applicable)
If you’re making an originating application, pay the filing fee.

What happens next

Review by registry: The court checks your documents. If there are any issues, they’ll contact you to fix them.
Hearing date assigned: Once your application is accepted, the registry will set a hearing date (usually within 3–4 weeks, or sooner for urgent applications).
The registry will notify you of the hearing date, time, and location.

Serving your application

If required, your application and supporting documents must be given to (‘served on’) the other party:

Type of application	Service details
Originating application	Must be served personally on the other party. Any adult can serve it.
Application on notice	Must be served at least two business days before the hearing (personally or by mail).
Application not on notice	No need to serve

If the other party is a company

If the other party is a company, you can serve you application by:

posting it to their registered office
personally serving a company director.

Affidavit of service

Complete an affidavit of service to confirm the other party was served.

Court hearing

On the hearing date, a magistrate or judge will consider your application, submissions, and the law.

Possible outcomes

Approved/granted: The court makes the requested order.
To formalise the decision, complete and file Form 59 - Order (DOC, 29.5 KB).
If required, serve a sealed copy of the order on the other party.
Denied/refused/dismissed: The court explains why.
Adjourned: The court may request more evidence or set a new date.

If the other party does not attend

If the other party doesn’t attend the hearing, the court may proceed without them.

You must provide evidence they were properly notified (known as proof of service).