FORM 5E
rules 5.02(2),
53.02(3)
ORIGINATING MOTION FOR RECOVERY OF LAND UNDER ORDER 53
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA AT 
[DARWIN / ALICE SPRINGS]					

No.   

BETWEEN
					A.B.				Plaintiff
					and
					C.D.				Defendant
[or if the plaintiff does not know the name of any person in occupation:
BETWEEN
					A.B.				Plaintiff
					and
(The plaintiff does not know the name of any person in occupation to make defendant)
									Defendant]
	TO THE DEFENDANT AND TO EVERY PERSON IN OCCUPATION OF THE LAND AT [description of land*]

[or where there is no defendant:
	TO EVERY PERSON IN OCCUPATION OF THE LAND AT [description of land*]]
	
This proceeding by originating motion has been commenced by the plaintiff for the recovery of land at [description of land*]. Further particulars of the claim appear in the affidavit in support of the claim.  A copy of the affidavit and of any exhibit referred to in it is served with this originating motion.
	The plaintiff will apply to an Associate Judge in the Supreme Court, Supreme Court Building, [State Square, Darwin / 14 Parsons Street, Alice Springs] on [date] at [time] or so soon afterwards as the business of the Court allows.  At that time the Associate Judge may refer to a Judge for hearing an application by the plaintiff for judgment.  
	IF YOU ARE NAMED AS DEFENDANT AND INTEND TO DEFEND THIS PROCEEDING you must:
(a)	give notice of your intention by filing an appearance on or before the day specified above; and
(b)	attend before an Associate Judge as specified above.
	YOU OR YOUR SOLICITOR may file the appearance.  An appearance is filed by:
(a)	filing a "Notice of Appearance" in the Registry of the Supreme Court, in the Supreme Court Building, State Square, Darwin, or, where the originating motion has been filed in the Registry at Alice Springs in the Alice Springs Registry of the Supreme Court; and
(b)	on the day you file the Notice or on the next working day, serving, at the plaintiff's address for service which is set out at the end of this originating motion a copy, sealed by the Court.
______________________________________________________________
* Note:	The land should be so described as to be physically identifiable.
	IF YOU DO NOT file an appearance on or before the day specified above or to attend before the Associate Judge on that day, the plaintiff MAY OBTAIN JUDGMENT AGAINST YOU without giving you further notice.
	IF YOU ARE IN OCCUPATION OF THE LAND AND ARE NOT NAMED AS DEFENDANT you may attend before an Associate Judge in person or by your counsel or solicitor on the day and at the time and place specified above and apply to be made a defendant.
	FILED: [date]    
REGISTRAR
Part 2*
	1.	Place of trial – [Darwin / Alice Springs]
	2.*	This originating motion was filed:
(a)	by the plaintiff in person;
(b)	for the plaintiff by [name or firm of solicitor], solicitor, or [business address of solicitor];
(c)	for the plaintiff by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].
	3.	The address of the plaintiff is:
[If the plaintiff sues by a solicitor, the address for service is the business address or email address of the solicitor or, if the solicitor acts by an agent, the business address or email address of the agent.  Where the plaintiff sues without a solicitor, and the address for service is not an email address, the address for service is stated in 3, but, if that address is outside the Northern Territory, the plaintiff must state an address for service within the Northern Territory.]
	5.	[If there is a defendant] The address of the defendant is: [address]
______________________________________________________________
[Complete or *strike out as appropriate].