DR Without Notice Application

Question 1

Without Notice Application Submissions

Answer 1

Explain:
1. Why no notice is given
2. Draw attention to arguments and evidence of respondent’s position

Question 2

When can without notice applications be made?

Answer 2

1. There is exceptional urgency
2. Overriding objective is best furthered by doing so - e.g., object of the order is defeated if notice was given
   - search order
   - element of surprise
3. All parties consent
4. Court gives permission
5. Court order, rule, PD permits

Question 3

Without notice safeguards

Answer 3

Applicant must make full and frank disclosure of all matters of fact or law relevant to the application

• CONDUCT point: solicitor is obliged to draw the court’s attention to relevant cases which are likely to have material effect on outcome, even if they are not in the client’s best interests

“In observing the duty of frankness in such applications, Judge, I must draw your attention to… / Judge I must inform you that…”