Interim Applications Flashcards
What is an interim application?
An application made to the court which requires a judicial decision
Outline the process for a standard interim application
- Notice served ASAP or at least 3 days before hearing
- After order has been served, other party has 7 days to apply to have order set aside
What is a summary judgement?
Allows courts to decide a claim or an issue in a claim without a trial.
What must be proven by a party to obtain a summary judgement?
- That other party’s claim has no real prospect of success; and
- There is no other compelling reason why the claim should proceed to trial
What is the timeline for obtaining a summary judgement?
- Applicant’s evidence served at least 14 days before hearing
- Responses from other party served at least 7 days prior to hearing
- Responses from claimant at least 3 days prior to hearing
What is an interim payment?
Order to pay money before a case has been finally determined.
May be granted if def has admitted liability
When can an application for an interim payment be made?
Can’t be made before time period for acknowledging service has expired and no less than 14 days before hearing
Respondent must respond at least 7 days before hearing.
Claimant can respond at least 3 days before hearing
What is an injunction?
Court order requiring a party to do or stop doing something
What is a freezing order?
A prohibitory injunction to prevent disposal of assets
Whats a search order?
A mandatory injunction ordering party to admit other party onto their premises to preserve evidence
Within what time period is an applicant likely to obtain an injunction?
Within 24-48 hours
What must an applicant prove to obtain an injunction?
- The matter is urgent
- It is desirable to award the injunction in the interests of justice
