PART 9APPLICATIONS FOR A FINANCIAL REMEDY

CHAPTER 5F4FAST-TRACK PROCEDURE

Annotations:
Amendments (Textual)

Duties of the court and the applicant upon filing an application9

F5A1

This Chapter applies where, in accordance with rule 9.9B, the fast-track procedure applies to an application for a financial remedy.

1

F3Where an application is issued

a

the court will fix a first hearing date not less than F66 weeks and not more than 10 weeks after the date of the filing of the application; and

b

subject to paragraph (2), within 4 days beginning with the date on which the application was filed, a court officer will—

i

serve a copy of the application on the respondent; F7and

ii

give notice of the date of the first hearing to the applicant and the respondentF8.

F9iii

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2

Where the applicant wishes to serve a copy of the application on the respondent and, on filing the application, so notifies the court—

a

paragraph (1)(b) does not apply;

b

a court officer will return to the applicant the copy of the application and the notice of the date of the first hearing; and

c

the applicant must—

i

within 4 days beginning with the date on which the copy of the application is received from the court, serve the copy of the application and notice of the date of the first hearing on the respondent; F10and

F11ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iii

file a certificate of service at or before the first hearing.

3

The date fixed under paragraph (1), or for any other subsequent hearing or appointment must not be cancelled except with the court's permission and, if cancelled, the court must immediately fix a new date.

F124

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F15

In relation to an application to which F13... F2the 2007 Hague Convention applies, where the applicant does not already know the address of the respondent at the time the application is issued, paragraph (2) does not apply and the court will serve the application in accordance with paragraph (1).