(1) An application for an administrative order must be made by a fixed date claim in Form 2 identifying whether the application is for —
(a) a declaration;
(b) judicial review;
(c) relief under the relevant Constitution; or
(d) some other administrative order (naming it),
and must state the grounds and nature of any relief sought.
(2) The claim form in an application under a relevant Constitution requiring an application to be made by originating motion should be headed 'Originating Motion'.
(3) The claimant must file with the claim form evidence on affidavit.
(4) The affidavit must state —
(a) the name, address and description of the claimant and the defendant;
(b) in the case of a claim under the relevant Constitution – the provision of the Constitution which the claimant alleges has been, is being or is likely to be breached;
(c) the facts on which the claim is based;
(d) the claimant's address for service;
(e) the names and addresses of all defendants to the claim;
(f) whether an alternative form of redress exists and, if so, why an application for an administrative order is more appropriate or why the alternative has not been pursued;
(g) details of any consideration which the applicant knows the respondent has given to the matter in question in response to a complaint made by or on behalf of the applicant;
(h) whether any time limit for making the application has been exceeded and, if so, why;
(i) whether the applicant is personally or directly affected by the act, omission or decision about which complaint is made; and
(j) if the applicant is not personally or directly affected – what public or other interest the applicant has in the matter.
(5) The general rule is that the affidavit must be made by the claimant or, if the claimant is not an individual, by an appropriate officer of the body making the claim.
(6) If the claimant is unable to make the affidavit it may be made by some person on the claimant's behalf but must state why the claimant is unable to do so.
(7) On issuing the claim form the court office must fix a date for a first hearing which must either be endorsed on the claim form or contained in a separate notice of hearing issued by the court office.
(8) The general rule is that the first hearing must take place no later than 4 weeks after the date of issue of the claim.
(9) The judge at the first hearing shall have all the case management powers contained under Parts 25, 26 and 27.
(10) The application must be made on notice and supported by evidence on affidavit.
(11) Where the application relates to any judgment, order, conviction or other proceedings which are subject to appeal, the judge may adjourn consideration of the application to a date after the appeal has been determined.