Official form guide
Form 10.5 is a Notice of Application to have proceedings set aside under Section 22(6)(A) of the Courts Act 1991. It is used when a party wants the court to cancel or nullify an earlier order or judgment.
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Form Overview
Form 10.5 is a Notice of Application to have proceedings set aside under Section 22(6)(A) of the Courts Act 1991. It is used when a party wants the court to cancel or nullify an earlier order or judgment.
Plain English
If you think a court decision was made in error or you missed a deadline, you can file this notice to ask the court to undo it. The form tells the judge why the proceedings should be set aside and what you are asking for.
Submission Date
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Appeal of judgment
Appeals go to a higher court, not a setting aside
✓ Verify you are appealing, not seeking set‑aside
Variation of order
Variation changes terms, not nullifies
✓ Use only for modifying existing orders
Application for judicial review
Reviews the lawfulness of a decision
✓ Set‑aside is for procedural/technical grounds
The notice must be filed within the time limit prescribed by the court rules, usually 28 days from the event giving rise to the application, unless the court grants an extension.
Field map
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
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Fillable formOpen in Editor->Form 10.5 is the current version used by the Courts Service. No major revisions have been announced in the last year.
Quick Facts
Form Details
Downloads & source
Whether the deadline is 28 days or a different period for specific grounds.
If a copy must be served on the other party before filing.
Difference between setting aside a judgment and filing an appeal.
What supporting documents are required for each ground.
How to calculate the filing fee, if any.
Whether electronic filing is accepted for this specific form.
Correct naming of parties when they have changed names or addresses.
Whether a solicitor’s signature is required.
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