Where to start a proceeding? (UCPR)

Question 1

Advise client on where proceedings should be commenced? (UCPR)

Answer 1

r 35 - Proceeding should be commenced in the district (1) where the respondent lives or carries on business or (2) where the claim or cause of action arose or (3) if recovery of land in district where land is located (r 35)

Question 2

Explain to the client how to make an objection to the venue where proceedings where commenced (UCPR)

Answer 2

If proceedings where commenced in the district other than in accordance with r 35 can make an application to court to transfer proceedings to another place (r 38).

Objection is made by including objection to venue in NOITD (if proceedings commenced by claim) or by filing an application (if proceedings commenced by application) (r 38)