Mar. 6.] THE NEW ZEALAND GAZETTE. 725

143. A notice in writing of the intended motion in the Form No. 12 in the Schedule hereto shall be delivered in duplicate to the Clerk of Awards. If the motion is made in an action the notice shall be delivered to the Clerk of Awards of the industrial district in which the writ of summons was issued. If the motion is made otherwise than in an action, the notice shall be delivered to the Clerk of Awards of the industrial district in which the same proceeding, if it were an action, would be commenced in accordance with the foregoing rules in that behalf.

144. Except where the motion is made by the plaintiff or defendant in an action, the notice of motion shall have subscribed thereon a memorandum stating whether it is filed by the applicant in person or by a solicitor on his behalf, and also stating the applicant’s address for service, which shall not be more than three miles from the office of the Clerk of Awards in which the notice of motion is filed.

145. On the delivery of the notice of motion the Clerk of Awards shall send one of the copies thereof to the Judge of the Court, who shall thereupon appoint a time and place for the hearing of the motion, and shall notify the Clerk of Awards accordingly.

146. The place to be so appointed may be either in the industrial district in which the notice of motion has been filed or elsewhere, as the Judge thinks fit, having regard to all the circumstances of the case.

147. The Clerk of Awards shall thereupon send notice to the applicant in the Form No. 9 in the Schedule hereto of the time and place so appointed.

148. So soon as practicable after the receipt of notice of the time and place so appointed for the hearing of the motion the applicant shall, except where applications ex parte are authorised by these Rules, serve a copy of the notice of motion, together with a notice of the time and place so appointed, upon the person against whom the order is sought and upon any other persons interested in the matter of the application. When the motion is made in an action, any such notice may be served upon a party to the action in manner indicated by Rules 179 to 181. In any other case the notice shall be served in the same manner as a writ of summons, or in such other manner as the Judge of the Court may direct.

149. On any application the Court or the Judge thereof may make an order although service of notice of motion has not been effected in accordance with the last preceding rule, if the Court or Judge is satisfied that—

(a.) Such service is not reasonably practicable; or that

(b.) Reasonable efforts have been made to effect such service; or that

(c.) The delay caused by proceeding in the ordinary way would or might cause irreparable injury; or that

(d.) The motion appears to affect the applicant only, or is such that the interests of the person not served will not be affected by want of service.

150. Any person against whom an order has been made ex parte under the last preceding rule may at any time move to rescind the order.

151. If on the hearing of a motion the Court or the Judge, as the case may be, is of opinion that any person on whom notice has not been served ought to have or have had such notice, the Court or Judge may either dismiss the motion or adjourn the hearing thereof in order that such notice may be served, upon such terms (if any) as are thought just.

152. Where by these Rules or by the Act time is limited for making any application, the application shall be deemed to have been made in time if notice of motion has been delivered to the Clerk of Awards within the time so limited.

153. At any time before the day appointed by the Judge in pursuance of the foregoing rules for the hearing of a motion, the Judge may, on or without the application ex parte of any person interested, appoint a different time or place for the hearing thereof, and shall thereupon notify the Clerk of Awards of the appointment so made. The Clerk of Awards shall thereupon send to the original applicant notice of the day and place so appointed, and such applicant shall forthwith give notice thereof to all persons entitled to notice of the motion. All notices under this rule shall be given or served in manner provided by these Rules in respect of the original appointment of a time and place by the Judge of the Court.

154. Notices of motion shall state precisely the grounds on which it is intended to move, but the Court or the Judge may make an order on any other grounds if it seems expedient so to do.

155. All the provisions hereinbefore contained as to the taking of evidence, whether by affidavit or otherwise, and as to the summoning of witnesses on the trial of an action shall so far as applicable extend and apply with the necessary modifications to the hearing of a motion, save that on the hearing of a motion evidence may be given by affidavit unless the Court or the Judge otherwise directs.

156. If the Court or the Judge thinks fit, an application ex parte may be heard and an order may be made thereon, without the appearance of the applicant.

PROCEEDINGS AGAINST THE CROWN.

157. Save so far as provided by the succeeding rules, the provisions of Part II of the Crown Suits Act, 1908, shall have no application to proceedings against the Crown in the Court of Arbitration for or in respect of compensation under the Workers’ Compensation Act, 1908.

158. Where any person has a claim against the Crown enforceable in the Court of Arbitration for or in respect of compensation under the Act, he may set forth in a petition in the Form No. 13 in the Schedule hereto the particulars of his claim in the same manner as nearly as may be as in a statement of claim filed in an action in accordance with the foregoing rules.

159. The petition may be filed with the Clerk of Awards of any industrial district in order that the Court may proceed to hear and determine the same as hereinafter provided.

160. The filing of the petition shall be the commencement of the suit.

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