Interim Applications Flashcards
To which court must an interim application be made?
court where it commenced/has been transferred to
When may a court deal with an application without a hearing? (X3)
- parties agree to terms of order
- parties have agreed to have it decided without hearing
- court considers hearing not appropriate
Where an application is made without notice, and an order is made, a copy of the notice and evidence in support must be served on any other party - containing a
statement of the right to have the application set aside ( must be done within 7 days of receipt)
Where an applicant/respondent fails to attend a hearing of the application - the court may proceed in their absence - but where an order is made at that hearing…
on application/of courts own initiative, the hearing may be re-listed
Where a court considers an applicaiton totally without merit - it must…
- record a statement of that fact AND
- consider a restraint order
When may an application be made without notice?
- exceptional urgency
OO best furthered by doing so - consent of all parties
- court permission/rule/PD
an order for an interim remedy may be made at any time inlcuiding before proceedings have commenced and after judgment has been given HOWEVER - the court will only grant a remedy BEFORE a claim has been started if …
the matter is URGENT/desirable to do so in interests of justice
and claim is immediately commenced
Can an interim remedy be given without notice?
yes - so long as applicant provides reasons (secrecy essential)
generally no reason why at least informal notice cannot be given
IOT make an interim application, an application notice must be filed and served on all other parties, containing details of…
- what order is being sought
- why it is being sought (verified by statement of truth)
When does service of an interim application notice need to take place? (general rule)
ASAP after filing, NLT 3 days before court to deal with application (containing evidence intend to rely on )
unless telephone hearing = NLT 5 days
