Interim Applications Flashcards
When can a court deal with an application without a hearing?
(a) by consent of the parties to the terms of the order sought
(b) if the parties agree to dispense with a hearing
(c) if the court does not think a hearing is appropriate
What is the effect of the parties agreeing to dispense with the hearing?
Cannot appeal or challenge order without permission
How long after an order made where the court did not consider a hearing necessary does a party have to apply to set aside or vary the order?
7 Days
or the time specified on the order
If an application notice was not provided before a court made an order, what must happen?
The application must be served on every party with the order
Can the court make an order if the respondent or applicant do not turn up?
Yes
Court may relist the application if one party requests it or on its own initiative
What must the court do if it dismisses an application as totally without merit?
It must record this fact and consider making a civil disclosure order
What interim remedies are available to the court?
Basically any
When can an application for an interim remedy be made?
at any time
If D is applying he must have filed an acknowledgement of service or defence
What is the test for making an application for interim remedy before proceedings have started?
Urgency
Interests of justice
If interim remedy is given before proceedings, what directions will be given?
To start proceedings
What is the test for granting an interim application without notice?
Good reason
When must an application notice be filed for an interim application?
Always, unless rule or the court says otherwise
Who must the application notice be served on?
Each respondent unless a rule/PD/court order permits otherwise
What must an application notice include?
What is being sought
Why it is being sought
When should the application notice be served?
As soon as practicable after it is filed and
at least 3 days before the application is to be heard
What should the application notice be filed with if the court is to serve it?
Written evidence and draft order
What must the application notice be served with?
Written evidence and draft order
Does the duty of full and frank disclosure stop on the making of an order?
No - its a continuing duty
