New South Wales Civil Practice & Procedure 2025 – 400 Free Practice Questions to Pass the Exam

The statement that the applicant must ensure clarity in the nature of the order sought is fundamentally correct because it pertains to the responsibilities of parties in legal proceedings. Clarity in the orders sought is essential for a number of reasons. It helps the court understand exactly what relief is being requested, which can affect the court’s decisions and facilitate proper legal processes. A clearly articulated order allows for efficient case management, reducing confusion and the likelihood of delays.

An applicant who takes care to draft clear and precise orders also aids the opposing party in understanding the claim being made against them, which is fundamental in ensuring that all parties are adequately informed and can prepare their cases effectively. This promotes fairness in the litigation process since it allows both sides to engage fully with the issues at hand.

In contrast, the options presented indicate misunderstandings of the applicant's role. The notion that the applicant has no responsibility overlooks the fundamental principle of ensuring that the judicial process runs smoothly and transparently. Suggesting that clarity should be sought only after filing ignores the proactive nature of legal drafting and preparation, which is intended to prevent issues from arising in the first place. Similarly, stating that the applicant is only responsible for costs fails to acknowledge their obligation to present their case clearly and persuasively.