Commentary on Sections Section 9 Giving notice of application
42.Section 9 provides that an application for a declaration under section 1 or a variation order under section 5 must be notified and advertised as required by rules of court (subsections (1) and (2)). This will serve to enable those with an interest to consider whether they need to intervene in the proceedings. Failing compliance with this requirement the court must refuse to hear the application (subsection (3)). See paragraph 21 above as to rules of court.