Interim application without notice

Question 1

What are the conditions under which Without Notice Applications are permitted?

Answer 1

• Exceptional urgency
• All parties consent
• court gives permission
• OO is best furthered
• insufficient time to serve application notice

Question 2

What is the most common reason for Without Notice Applications?

Answer 2

Exceptional urgency, typically for freezing injunctions

Freezing injunctions are court orders to prevent a party from disposing of assets.

Question 3

What must be explained when no notice is given in a Without Notice Application?

Answer 3

Why no notice is given

Question 4

What must the applicant do after a Without Notice hearing?

Answer 4

Serve on R as soon as possible the application notice, evidence in support, and the order

Question 5

What must a court order state regarding the respondent’s rights?

Answer 5

R’s right to make an application to set aside or vary the order within 7 days of the order being served on them.

Question 6

Fill in the blank: Without Notice Applications are permitted only if there is exceptional _______.

Answer 6

urgency